COBBLE v. MCLAUGHLIN

Filing 33

ORDER denying 32 Motion for Leave to Appeal in forma pauperis. Ordered by Judge C. Ashley Royal on 9/7/12 (lap)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DANIEL ERIC COBBLE,

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Petitioner,
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VS.
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Warden GREGORY McLAUGHLIN,
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Respondent.
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_____________________________________

NO. 5:12-CV-86-CAR-CHW
ORDER

Petitioner DANIEL ERIC COBBLE, an inmate at Smith State Prison, who has pending in
this Court a petition for writ of habeas corpus, has filed a motion to proceed in forma pauperis in
the appeal of the undersigned’s April 3, 2012 Order. Said Order denied Petitioner’s objections to
the Magistrate Judge’s dismissal of a number of Petitioner’s motions.
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.” In addition, Federal Rule of
Appellate Procedure 24(a)(3) provides:
A party who was permitted to proceed in forma pauperis in the district-court action
... may proceed on appeal in forma pauperis without further authorization, unless:
(A) the district court--before or after the notice of appeal is
filed--certifies that the appeal is not taken in good faith or finds that
the party is not otherwise entitled to proceed in forma pauperis and
states in writing its reasons for the certification or finding; or
(B) a statute provides otherwise.
“Good faith” means that an issue exists on appeal that is not frivolous under an objective standard.
Coppedge v. United States, 369 U.S. 438, 445 (1962). Petitioner is attempting to appeal an Order
that is not a final order and, therefore, is not appealable. Moreover, even if the Court’s Order were

final, Petitioner’s appeal would be frivolous under an objective standard. The Court thus certifies,
pursuant to 28 U.S.C. § 1915(a)(3), that the appeal is not taken in good faith. Accordingly,
Petitioner’s motion to proceed in forma pauperis on appeal is hereby DENIED. If Petitioner wishes
to proceed with his appeal, he must prepay the entire $455 appellate filing fee.
SO ORDERED, this 7th day of September, 2012.

S/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT

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