Green v. State Of Florida et al

Filing 181

ORDER finding as moot in part and denying in part 178 Plaintiff's Amended Motion to Appeal. Signed by Judge Timothy J. Corrigan on 9/12/2014. (BJB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
REGINALD A. GREEN,
Plaintiff,
v.

Case No. 3:12-cv-134-J-32MCR

STATE OF FLORIDA, et al.,
Defendants.
ORDER
This case is before the Court on pro se Plaintiff Reginald A. Green’s Amended
Motion to Appeal (Doc. 178), filed on September 2, 2014. To the extent the motion
seeks leave to appeal, no such leave is necessary as the Court has now adjudicated all
remaining claims in this case. (See Doc. 175.) Moreover, Plaintiff has already filed
a Notice of Appeal. (Doc. 179.)
To the extent the motion could be construed as a motion for leave to appeal in
forma pauperis pursuant to Federal Rule of Appellate Procedure 24(a), it is due to be
denied. The Court 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 in forma pauperis before
this Court and on appeal (Docs. 16, 17, 20, 24, 170). 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).
Accordingly, it is hereby ORDERED that Plaintiff’s Amended to Appeal (Doc.
173) is MOOT in part and DENIED in part.
DONE AND ORDERED at Jacksonville, Florida the 12th day of September,
2014.

bjb
Copies to:
Clerk of Court, Eleventh Circuit Court of Appeals
Pro se plaintiff
Counsel of record

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