Stanko v. Davis et al

Filing 62

ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 58 Notice of Appeal by Rudy Stanko, by Judge Philip A. Brimmer on 12/06/10. (bjrsl, )

-CBS Stanko v. Davis et al

Doc. 62

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02659-PAB-CBS RUDY STANKO, Applicant, v. BLAKE DAVIS, Respondent.

ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL Brimmer, 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. 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 ORDERED that leave to proceed in forma pauperis on appeal is denied because this appeal is not taken in good faith.

DATED December 6, 2010. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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