Small v. Milyard et al
Filing
48
ORDER Denying Leave to Proceed in Forma Pauperis on Appeal after Review re 45 Notice of Appeal by Wayne Small, by Judge William J. Martinez on 03/29/12. (bjrsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 10-cv-01014-WJM
WAYNE A. SMALL,
Applicant,
v.
KEVIN MILYARD, and
JOHN SUTHERS,
Respondents.
ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
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 this 29th day of March, 2012.
BY THE COURT:
_______________________
William J. Martínez
United States District Judge
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