VERDI v. WILKINSON COUNTY GEORGIA et al

Filing 25

ORDER DENYING 23 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 8/27/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
BILLIE JEAN VERDI,
Petitioner,
v.
WILKINSON COUNTY, GEORGIA,
JOHN W. ROBERTS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 5:12-CV-488(MTT)

ORDER
This matter is before the Court on the Petitioner’s motion for leave to appeal in
forma pauperis. (Doc. 23). The Court previously granted the Petitioner’s motion to
proceed in forma pauperis in the district court action. (Doc. 8). In that order, the Court
also dismissed the Petitioner’s claim because it was frivolous and failed to state a claim
upon which relief could be granted. (Doc. 8). For the following reasons, the Petitioner’s
motion is DENIED.
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.”
Furthermore, Rule 24(a)(3) of the Federal Rules of Appellate Procedure 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 . . . .”

For the reasons set forth in the Court’s order dismissing the Petitioner’s claim as
frivolous, the Court finds that an appeal from that order cannot be taken in good faith.
(Doc. 8). Even in light of the less stringent pleading standard for pro se plaintiffs, the
Petitioner’s complaint failed to state any cognizable legal claim upon which relief could
be granted. Therefore, the Court certifies that the Petitioner’s appeal is not taken in
good faith, and her motion is DENIED.
SO ORDERED, this 27th day of August, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT