McCary v. Zavaras et al

Filing 20

ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 16 Notice of Appeal by Steven McCary, by Judge Philip A. Brimmer for Senior Judge Zita Leeson Weinshienk on 07/01/10. (bjrsl, )

M c C a r y v. Zavaras et al

D o c . 20

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF COLORADO C iv il Action No. 10-cv-00789-ZLW S T E V E N MCCARY, A p p l ic a n t, v. A R I ZAVARAS, and J O H N SUTHERS, Attorney General of the State of Colorado, R espo nd ents.

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 in forma p a u p e r i s pursuant to 28 U.S.C. § 1915 in this court in this action. The court has examined the file and has d e te rm i n e d that leave to proceed in forma pauperis on appeal must be denied. Pursuant to Rule 24(a)(3) o f the Federal Rules of Appellate Procedure, the court finds that this appeal is not taken in good faith b e c a u s e applicant has not shown the existence of a reasoned, nonfrivolous argument on the law and facts i n 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 ta k e n in good faith. D A T E D at Denver, Colorado, this 1st day of July , 2010.

B Y THE COURT:

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

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