Barwick v. Behnke, et al

Filing 90

ORDER that leave to proceed in forma pauperis on appeal is denied because this appeal is not taken in good faith re 86 Notice of Appeal by Darwynn L. Barwick, by Judge Philip A. Brimmer on 6/18/13. (dbrow)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-00355-PAB-KLM
DARWYNN L. BARWICK,
Plaintiff,
v.
JEFFERY BEHNKE, D.P.O. No. 96003, and
MICHEAL MAY, D.P.O. No. 00045,
Defendants.

ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL

Plaintiff has submitted a Notice of Appeal. The Court previously allowed plaintiff
to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 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 plaintiff
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 June 18, 2013.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge