Giles v. Cunningham et al (INMATE 2)

Filing 15

ORDER: This cause is now before the court on plaintiff's notice of appeal (doc. no. 13 ), which the court is treating as a motion to proceed on appeal in forma pauperis. Accordingly, 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 goodfaith. Signed by Honorable Judge Myron H. Thompson on 3/13/2018. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
SAMUEL GILES,

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Plaintiff,
v.
DERRICK CUNNINGHAM,
et al.,
Defendants.

CIVIL ACTION NO.
2:17cv647-MHT
(WO)

ORDER
This cause is now before the court on plaintiff's
notice of appeal (doc. no.

13), which the court is

treating as a motion to proceed on appeal in forma
pauperis.

28

U.S.C.

§

1915(a)

provides

that,

"An

appeal may not be taken in forma pauperis if the trial
court certifies in writing that it is not taken in good
faith."

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,
369

U.S.

merit."

438,

445

(1962),

or

"has

no

substantive

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.
1981).

Applying this standard, this court is of the

opinion, for the reasons stated in the recommendation
and

supplemental

recommendation

of

the

magistrate

judge, that the plaintiff's appeal is without a legal
or factual basis and, accordingly, is frivolous and not
taken in good faith.

See,

supra; Brown v. Pena, 441

e.g., Rudolph v. Allen,
F. Supp. 1382 (S.D. Fla.

1977), aff'd without opinion, 589 F.2d 1113 (5th Cir.
1979).
***
Accordingly,
motion

to

it

proceed

is
on

ORDERED
appeal

that
in

the

forma

plaintiff's
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.
DONE, this the 13th day of March, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE