Branter v. Ritter et al

Filing 48

ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 44 Notice of Appeal by Robert Brantner, by Judge Robert E. Blackburn on 10/01/10. (bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01428-REB-CBS ROBERT BRANTNER, Plaintiff, v. ARISTEDES ZAVARAS, Director, Colorado Department of Corrections (in official & individual capacity), 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 1st day of October, 2010. BY THE COURT:

s/ Robert E. Blackburn
JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO