Scott v. Zavaras
ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 50 Notice of Appeal, by Lynn Scott, by Judge Walker D. Miller on 07/07/09. (bjrsl, )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-02365-WDM-MJW LYNN EUGENE SCOTT, Applicant, v. KEVIN MILLARD, Warden, S.C.F., Respondent. ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL Miller, Judge Applicant has submitted 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. I have 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, I find 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 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 7th day of July, 2009. BY THE COURT: s/ Walker D. Miller JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
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