DuHall v. Lennar Family of Builders

Filing 167

ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 164 Notice of Appeal by Mark DuHall, by Judge Robert E. Blackburn on 09/17/09. (bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00040-REB-BNB MARK DuHALL, Plaintiff, v. LENNAR FAMILY OF BUILDERS, Defendant. ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL Blackburn, Judge Plaintiff has submitted a Notice of Appeal. Plaintiff previously was allowed to proceed in forma pauperis pursuant to 28 U.S.C. 1915 in this court in this action. The court has examined the file and has determined that leave to proceed in forma pauperis on appeal must be denied. Pursuant to Rule 24(a)(3) of the Federal Rules of Appellate Procedure, the court finds that this appeal is not taken in good faith because plaintiff has not shown the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal. Accordingly, it is ORDERED that leave to proceed in forma pauperis on appeal is denied because this appeal is not taken in good faith. DATED at Denver, Colorado this 17th day of September, 2009. BY THE COURT: s/ Robert E. Blackburn JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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