Davis v. Suthers et al

Filing 13

ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 9 Notice of Appeal by Jeffery Davis, by Judge Philip A. Brimmer on 02/25/10. (bjrsl, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF COLORADO C iv il Action No. 09-cv-02799-ZLW JE F F R E Y M. DAVIS, P l a i n t i f f, v. C O LO R A D O ATTORNEY GENERAL, JOHN SUTHERS, and C O LO R A D O GOVERNOR BILL RITTER, D e fe n d a n t s .

O R D E R DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL W einsh ienk , Senior Judge P lain tiff has submitted a Notice of Appeal. Plaintiff previously was allowed to proceed in forma p a u p eris pursuant to 28 U.S.C. § 1915 in this court in this action. The court has examined the file and has d eterm in ed 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 p lain tiff 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 O R D E R E D that leave to proceed in forma pauperis on appeal is denied because this appeal is not tak en in good faith. D A T E D at Denver, Colorado, this 25th day of February , 2010.

B Y THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER U n ited States District Judge, for Z IT A LEESON WEINSHIENK, Senior Judge U n ite d States District Court