Wells v. McKinney et al (INMATE 2)
ORDER: This cause is now before the court on plaintiff's 11 Notice of Appeal, which the court is treating as a Motion to Proceed on Appeal in forma pauperis. It is ORDERED that the plaintiff's motion to proceed on appeal in forma pauperis is denied; and that the appeal in this cause is certified,pursuant to 28 U.S.C. 1915(a), as not taken in good faith as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 11/20/2017. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DEDRICK L. WELLS,
EUGENE REESE McKINNEY,
CIVIL ACTION NO.
This cause is now before the court on plaintiff's
notice of appeal (doc. no. 11), which the court is
treating as a motion to proceed on appeal in forma
28 U.S.C. § 1915(a) provides that, "An appeal may
In making this determination as to good faith,
a court must use an objective standard, such as whether
the appeal is "frivolous," Coppedge v. United States,
United States v. Bottoson, 644 F.2d 1174, 1176
(5th Cir. Unit B May 15, 1981) (per curiam); see also
Rudolph v. Allen, 666 F.2d 519, 520 (11th Cir. 1982)
(per curiam); Morris v. Ross, 663 F.2d 1032 (11th Cir.
Applying this standard, this court is of the
opinion, for the reasons stated in the recommendation
of the United States Magistrate Judge (doc. no. 6),
factual basis and, accordingly, is frivolous and not
taken in good faith.
See, e.g., Rudolph v. Allen,
supra; Brown v. Pena, 441 F. Supp. 1382 (S.D. Fla.
1977), aff'd without opinion, 589 F.2d 1113 (5th Cir.
denied; and that the appeal in this cause is certified,
pursuant to 28 U.S.C. § 1915(a), as not taken in good
DONE, this the 20th day of November, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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