WILLIAMS v. ASTRUE

Filing 28

ORDER denying 23 MOTION for Leave to Proceed in forma pauperis on Appeal filed by ALESSA M WILLIAMS. Signed by SENIOR JUDGE MAURICE M PAUL on 3/9/09. (bkp)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION ALESSA M. WILLIAMS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ___________________________/ ORDER This matter is before the Court on Doc. 23, Plaintiff's motion for leave to proceed in forma pauperis on appeal. Under Rule 24(a)(3) of the Federal Rules of Appellate Procedure, a party who was permitted to proceed in forma pauperis at the district-court level may proceed in forma pauperis on appeal without further authorization, unless the Court certifies that the appeal is not taken in good faith. An appeal is taken in good faith if it presents "legal points arguable on their merits (and therefore not frivolous)." Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); see also Busch v. County of Volusia, 189 F.R.D. 687, 692-93 (M.D. Fla. 1999). In this case, Plaintiff is appealing the Court's December 17, 2008, order (Doc. 19) adopting the Magistrate's Report and Recommendation (Doc. 17) and affirming the decision of the Commissioner to deny benefits. In adopting the Report, the Court rejected Plaintiff's arguments that (1) the ALJ erred in not finding that Plaintiff met Listing 9.09 for obesity and (2) the ALJ erred in not affording greater weight to the findings of Dr. Edwards as Plaintiff's treating physician, who saw Plaintiff on a rotational basis. As explained in the Magistrate's CASE NO. 1:07-cv-00137-MP-AK

Page 2 of 2

Report, Plaintiff's arguments are without merit. Plaintiff has failed to explain how her application meets Listing 9.09 or any other listing. As to Dr. Edwards' opinion, the reasons articulated by the ALJ constituted good cause for not adopting the limitations set forth in Dr. Edwards' functional assessment. Because Plaintiff's appeal presents no issues reasonably arguable on their merits, it is hereby ORDERED AND ADJUDGED: 1. 2. 3. The Court certifies that Plaintiff's appeal is not taken in good faith. Plaintiff's motion to proceed in forma pauperis on appeal, Doc. 23, is DENIED. The Clerk is directed to forward an updated docket sheet and a copy of this order to the Eleventh Circuit Court of Appeals. 9th day of March, 2009

DONE AND ORDERED this

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:07-cv-00137-MP-AK