Clarke et al v. Goodson et al(MAG+)

Filing 45

ORDER: This cause is now before the court on the plaintiffs' 43 Notice of Appeal. Although the plaintiffs paid the filing fee at the inception ofthis case, the plaintiffs have not submitted the required appellate filing fee. As the appeal c annot proceed without either the filing fee or an orderallowing the appeal to proceed in forma pauperis, the court will treat the notice of appeal as a motion to proceed on appeal in forma pauperis. It is ORDERED that the plaintiffs' 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. Signed by Honorable Judge Myron H. Thompson on 10/26/2018. (dmn, )

3IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ANDREW CLARKE and
BEVERLY ELAINE CORBIN,
Plaintiffs,
v.
RAY D. GOODSON, et al.,
Defendants.

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CIVIL ACTION NO.
2:17cv730-MHT
(WO)

ORDER
This

cause

is

now

before

the

court

plaintiffs' notice of appeal (doc. no. 43).

on

the

Although

the plaintiffs paid the filing fee at the inception of
this

case,

the

plaintiffs

have

required appellate filing fee.
proceed

without

either

the

not

submitted

the

As the appeal cannot

filing

fee

or

an

order

allowing the appeal to proceed in forma pauperis, the
court will treat the notice of appeal 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
faith."

in

writing

that

it

is

not

taken

in

good

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
of the magistrate judge, that the plaintiffs' appeal is
without a legal or 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. 1979).
***
Accordingly,

it

is

ORDERED
2

that

the

plaintiffs'

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.
DONE, this the 26th day of October, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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