Rolle v. Edwards et al

Filing 7

ORDER: Plaintiff's construed motion to proceed in forma pauperis on appeal (Doc. 5) is DENIED. The Court certifies that Plaintiff's appeal is not taken in good faith. The Clerk shall notify the Eleventh Circuit Court of Appeals that t he motion to proceed in forma pauperis on appeal is denied and that the appeal is not taken in good faith in accordance with Federal Rule of Appellate Procedure 24(a). Plaintiff is directed to pay the appellate filing and docketing fees of $505.00. Any future request to proceed in forma pauperis on appeal should be sent directly to the Eleventh Circuit Court of Appeals. Signed by Judge James S. Moody, Jr on 5/6/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

RANDALL LAMONT ROLLE,
Plaintiff,
v.

Case No: 5:15-cv-202-Oc-30PRL

PHILIP WAYNE EDWARDS, et al.,
Defendants.
________________________________/

ORDER
THIS CAUSE comes before the Court upon pro se Plaintiff’s Affidavit of Indigency
(Doc. 5), which the Court construes as a motion for leave to proceed in forma pauperis on
appeal. On April 20, 2015, Plaintiff initiated a civil rights action alleging constitutional
violations by various individuals, including Assistant Attorney General Philip Wayne
Edwards, Magistrate Judge William C. Sherrill, Jr., District Judge Stephen P. Mickle, and
Circuit Judge J.L. Edmondson, relating to Plaintiff’s postconviction proceedings in 2008.
(Doc. 1). Following a preliminary review of Plaintiff’s complaint in determining whether
he should be granted in forma pauperis status, the Court determined that Plaintiff’s
complaint was frivolous because it was barred by the doctrine of res judicata and the
applicable statutes of limitation and because Plaintiff’s claims were without merit.
Accordingly, the Court dismissed Plaintiff’s complaint in its entirety.

Plaintiff has now filed a notice of appeal and seeks leave to proceed in forma
pauperis on appeal. (Docs. 4, 5). Pursuant to Federal Rule of Appellate Procedure 24(a),
a party in a district-court action seeking to appeal in forma pauperis must file a motion and
attach an affidavit that shows the party’s inability to pay or give security for fees and costs,
claims an entitlement to redress, and states the issues that the party intends to present on
appeal. As with a request to proceed in a district-court action in forma pauperis, a court
considering a request to proceed on appeal in forma pauperis must keep in mind its
mandate to dismiss a case at any time if it determines the action or appeal is frivolous or
fails to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).
An appeal is frivolous and not brought in good faith “if it is ‘without arguable merit
either in law or fact.’” Ghee v. Retailers Nat’l Bank, 271 F. App’x 858, 859-60 (11th Cir.
2008) (per curiam) (quoting Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001)). In this
context, “good faith” is judged by an objective standard and is shown when a party seeks
appellate review of any issue not frivolous. Coppedge v. United States, 369 U.S. 438, 445
(1962). Where a court certifies in writing that the appeal is not taken in good faith, a party
may not appeal in forma pauperis. 28 U.S.C. § 1915(a)(3).
The Court previously denied Plaintiff’s request to proceed in forma pauperis
because his complaint was frivolous. (Doc. 3). Plaintiff has failed to provide any reason
why the Court’s prior order was erroneous or to establish that his claims are meritorious.
Accordingly, any appeal of this matter is frivolous.
Accordingly, it is therefore ORDERED AND ADJUDGED that:

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1. Plaintiff’s construed motion to proceed in forma pauperis on appeal (Doc. 5) is
DENIED.
2. The Court certifies that Plaintiff’s appeal is not taken in good faith.
3. The Clerk shall notify the Eleventh Circuit Court of Appeals that the motion to
proceed in forma pauperis on appeal is denied and that the appeal is not taken in good faith
in accordance with Federal Rule of Appellate Procedure 24(a).
4. Plaintiff is directed to pay the appellate filing and docketing fees of $505.00.
Any future request to proceed in forma pauperis on appeal should be sent directly to the
Eleventh Circuit Court of Appeals. See Fed. R. App. P. 24(a)(5).
DONE and ORDERED in Tampa, Florida, this 6th day of May, 2015.

Copies furnished to:
Counsel/Parties of Record

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