Elliott v. Abbott et al
ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 47 Notice of Appeal by Andrew Elliott, by Judge Robert E. Blackburn on 10/20/09. (bjrsl, )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00835-REB-KMT ANDREW PHILLIP ELLIOTT, Applicant, v. JAMES E. ABBOTT, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL Blackburn, District Judge Applicant filed a Notice of Appeal. Applicant 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 applicant 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 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 20th day of October, 2009. BY THE COURT: s/ Robert E. Blackburn DISTRICT JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
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