BOGGS v. BIBB COUNTY GEORGIA

Filing 43

ORDER DENYING 40 Motion for Leave to Appeal in forma pauperis. Ordered by U.S. District Judge Marc Thomas Treadwell on 12/4/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
HARRY LEE BOGGS, Jr.,
Plaintiff,
v.
PATRICIA JOHNSON, RN, et al.,
Defendants.

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CIVIL ACTION NO. 5:12-CV-465 (MTT)

ORDER
Before the Court is the Plaintiff’s motion to appeal in forma pauperis. (Doc. 40).
Following a bench trial, the Court granted the Defendants’ motion for judgment as a
matter of law. (Doc. 36; Doc. 38). The Plaintiff appeals that judgment. However, for
reasons the Court stated in its ruling – namely, that the Plaintiff had not produced any
evidence showing he had a serious medical need or that either of the Defendants were
deliberately indifferent to his medical needs – the Court finds the Plaintiff’s appeal is not
taken in good faith.
Accordingly, the Plaintiff’s motion to proceed in forma pauperis on appeal is
DENIED. See 28 U.S.C. § 1915(a)(3) (“An appeal may not be taken in forma pauperis if
the trial court certifies in writing that it is not taken in good faith.”); Fed. R. App. P.
24(a)(3) (“A party who was permitted to proceed in forma pauperis in the district-court
action…may proceed on appeal in forma pauperis…unless…the district court…certifies
that the appeal is not taken in good faith”). Any further requests to proceed in forma
pauperis on appeal should be directed, on motion, to the United States Court of Appeals
for the Eleventh Circuit, in accordance with Rule 24 of the Federal Rules of Appellate
Procedure.

SO ORDERED this 4th day of December, 2013.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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