Filing 41

ORDER DENYING 40 MOTION TO PROCEED IN FORMA PAUPERIS. Petitioner must pay $455 filing fee w/n 30 days from date of this order. (Fee due by 2/21/2013.). Signed by CHIEF JUDGE M CASEY RODGERS on 1/22/2013. (jws)(Order to USCA, Appeal#12-15839-B via email.)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION SCOTT A. STANLEY, Petitioner, v. CASE NO. 4:09cv164-SPM/CAS SECRETARY KENNETH S. TUCKER, Respondent. _______________________________/ ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS This cause comes before the court on Petitioner Scott A. Stanley’s Motion for Permission to Appeal In Forma Pauperis and Affidavit. (Doc. 40). The standard for appealing in forma pauperis requires that the appeal be taken in good faith. 28 U.S.C. § 1915(a)(3). Good faith in this context is measured objectively. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). For the reasons stated in the Report and Recommendation (doc. 22), Petitioner’s claims are without arguable merit. Accordingly, the court CERTIFIES that the appeal is not taken in good faith. Petitioner’s Motion for Permission to Appeal In Forma Pauperis (doc. 40) is DENIED. Petitioner must pay the $455 filing fee within thirty days from the date of this order. SO ORDERED this 22nd day of January, 2013. s/ M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?