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, )

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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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