Washington v. Garcia

Filing 26

ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 22 Notice of Appeal, by Keith Washington, by Judge Philip A. Brimmer on 03/29/10. (bjrsl, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF COLORADO C iv il Action No. 10-cv-00089-ZLW K E IT H L. W A S H IN G T O N , A p p lic a n t , v. R E N E G. GARCIA, W a rd e n , R e s p o n d e n t.

O R D E R DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL W e in s h ie n k , Senior Judge A p p lic a n t has submitted a Notice of Appeal. Applicant previously was allowed to proceed i n forma pauperis pursuant to 28 U.S.C. § 1915 in this court in this action. The court has e x a m in e d the file and has determined that leave to proceed in forma pauperis on appeal must b e denied. Pursuant to Rule 24(a)(3) of the Federal Rules of Appellate Procedure, the court finds th a t this appeal is not taken in good faith because applicant has not shown the existence of a re a s o n e d , nonfrivolous argument on the law and facts in support of the issues raised on appeal. A c c o rd in g ly, it is O R D E R E D that leave to proceed in forma pauperis on appeal is denied because this a p p e a l is not taken in good faith. D A T E D at Denver, Colorado, this 29th day of March , 2010.

B Y THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER U n ite d States District Judge, for Z IT A LEESON W E I N S H I E N K , Senior Judge U n it e d States District Court