JOHNSON JR v. WILBUR et al

Filing 43

ORDER denying 33 Motion for Leave to Appeal in forma pauperis; denying 34 Motion to Stay; signed by SENIOR JUDGE MAURICE M PAUL on 5/21/09. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION FRANK C JOHNSON, JR, Plaintiff, v. JOEL SETTEMBRINI, JR, SMITH HULSEY BUSSEY, JOHN H WILBUR, Defendants. ___________________________/ ORDER This matter is before the Court on Doc. 33, Motion for Leave to Appeal in Forma Pauperis by Frank C Johnson Jr. Under Fed. R. App. P. 24(1), a party seeking to proceed in forma pauperis on appeal must file a motion with the district court, including an affidavit listing the information set out in Fed. R. App. P. 24(a)(1)(A)-(C). The plaintiff has done so. However, the Court, under Fed. R. App. P. 24(a)(4) may certify that the appeal is not taken in good faith and for that reason deny the motion to proceed in forma pauperis. As set out in the order at Doc. 29 and the Report and Recommendation at Doc. 11, this case is patently frivolous. Accordingly, the Court hereby certifies that the appeal is not taken in good faith. The motion to proceed in forma pauperis on appeal (doc. 33) is denied. Also, the motion to stay at Doc. 34 is denied. DONE AND ORDERED this 21st day of May, 2009 CASE NO. 1:08-cv-00038-MP-AK

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