Green v. State Of Florida et al
ORDER denying 166 Plaintiff's Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis; denying 169 Plaintiff's Motion for Reconsideration. The Clerk should enclose a copy of the Court's 10/9/2013 Order 142 when it mails this Order to Plaintiff. Signed by Judge Timothy J. Corrigan on 3/4/2014. (BJB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
REGINALD A. GREEN,
Case No: 3:12-cv-134-J-32MCR
STATE OF FLORIDA, et al.,
This case is before the Court on pro se Plaintiff’s Affidavit Accompanying
Motion for Permission to Appeal In Forma Pauperis (Doc. 166), filed on February 3,
2014, which the Court construes as a motion for leave to appeal in forma pauperis
pursuant to Federal Rule of Appellate Procedure 24(a), and Plaintiff’s Motion for
Reconsideration (Doc. 169), filed on February 28, 2014.
Plaintiff’s motion for leave to appeal in forma pauperis fails to meet the
requirements of Rule 24(a)(1)(C) in that it does not contain any statement of issues
Plaintiff intends to present on appeal. Additionally, the Court further finds pursuant
to 28 U.S.C. § 1915(a)(3) that this appeal is not taken in good faith as the lawsuit is
frivolous for the reasons explained in the Court’s orders denying Plaintiff’s many
requests for leave to proceed before this Court in forma pauperis (Docs. 16, 17, 20, 24).
See Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (defining “good faith” for
purposes of in forma pauperis review using an objective standard of whether applicant
seeks appeal of an issue that is not frivolous); also Sun v. Forrester, 939 F.2d 924 (11th
Cir. 1991) (affirming denial of frivolous in forma pauperis appeal as “one without
arguable merit” either factually or legally).
Upon due consideration, the Court denies Plaintiff’s motion for reconsideration
for the same reasons it has denied Plaintiff’s previous motions to correct and motions
(Docs. 154, 160, 167.) For Plaintiff’s reference, the Clerk should mail
Plaintiff another copy of the Court’s October 9, 2013 Order (Doc. 142).
Accordingly, it is hereby
Plaintiff’s Affidavit Accompanying Motion for Permission to Appeal In
Forma Pauperis (Doc. 166) is DENIED.
Plaintiff’s Motion for Reconsideration (Doc. 169) is DENIED.
The Clerk should enclose another copy of the Court’s October 9, 2013
Order (Doc. 142) when it mails this Order to Plaintiff.
DONE AND ORDERED at Jacksonville, Florida the 4th day of March, 2014.
Clerk of Court, Eleventh Circuit Court of Appeals
Pro se plaintiff
Counsel of record
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