Edwards v. Jackson et al

Filing 61

ORDER DENYING 60 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 3/19/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WAYNE EDWARDS,
Plaintiff,
v.
LARRY JACKSON, et al.,
Defendants.

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CIVIL ACTION NO. 5:10-CV-294 (MTT)

ORDER
This matter is before the Court on Plaintiff Wayne Edwards’ motion for leave to
appeal in forma pauperis. (Doc. 60). This Court initially granted the Plaintiff’s motion to
proceed in forma pauperis in the district court action. On February 27, 2012, the Court
entered an order adopting the Magistrate Judge’s Recommendation and granting the
Defendants’ Motion for Summary Judgment. (Doc. 57). The Plaintiff now seeks to
appeal that order.
Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma
pauperis if the trial court certifies in writing that it is not taken in good faith.” See also
Fed. R. App. P. 24(a)(3). For the reasons set forth in the Court’s order adopting the
Magistrate Judge’s Recommendation, in the Court’s best judgment, an appeal from that
order cannot be taken in good faith. Accordingly, the Plaintiff’s motion for leave to
appeal in forma pauperis is denied.
SO ORDERED, this 19th day of March, 2012.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT