Kersh v. Smelser et al

Filing 16

ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 12 Notice of Appeal by Lionel Kersh, by Judge Christine M. Arguello for Senior Judge Zita Weinshienk on 05/19/10. (bjrsl, ) Modified on 5/19/2010 to add Judge Weinshienk to text (bjrsl, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-00090-ZLW LIONEL KERSH, Applicant, v. WARDEN RICHARD SMELSER, Conspiracy Participant, and THE ATTORNEY GENERAL OF THE STATE OF [COLORADO] JOHN WILLIAM SUTHERS, Respondents. ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL Weinshienk, Senior 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 at Denver, Colorado, this 19th day of May , 2010.

BY THE COURT:

CHRISTINE M. ARGUELLO United States District Judge for ZITA LEESON WEINSHIENK Senior Judge, United States District Court