Murphy v. City of Brunswick, Georgia et al

Filing 29

ORDER re: 26 Notice of Appeal, filed by Yvonne L. Murphy. Plaintiff is DENIED leave to proceed on appeal in forma pauperis; the appeal is not taken in good faith. Signed by Chief Judge Lisa G. Wood on 8/27/2015. (csr)

R the 1initeb 'tate flitrttt Court
Jot the boutbern Jittict Of georqta
runtoitk JDibiion
YVONNE L. MURPHY,
Plaintiff,
V.

CITY OF BRUNSWICK, GEORGIA; and
OFFICER CHRISTINE R. DHEEL,
Defendants.

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CIVIL ACTION NO.: CV215-029

ORDER

Before the Court is Plaintiff's Notice of Appeal filed on
August 10, 2015. Dkt. No. 26. Plaintiff seeks to appeal this
Court's July 22, 2015 Order dismissing Plaintiff's claims and
granting Defendants' Motion to Dismiss. Dkt. No. 24. For the
reasons set forth below, Plaintiff is DENIED leave to proceed on
appeal in forma pauperis.
An appeal cannot be taken in forma pauperis if the trial
court certifies, either before or after the notice of appeal is
filed, that the appeal is not taken in good faith. 28 U.S.C.
§ 1915(a) (3); FED. R. APP. P. 24(a)(3). Good faith in this
context must be judged by an objective standard. Busch v. Cnty.
of Volusia, 189 F.R.D. 687, 691 (M.D. Fla. 1999) . A party does
not proceed in good faith when it seeks to advance a frivolous
claim or argument. See Coppedge v. United States, 369 U.S. 438,
445 (1962); Whitted v. Roberts, Case No. 06-CV-776-KDB, 2010 WL
AO 72A
(Rev. 8182)

2025391, at *1 (S.D. Ala. Apr. 27, 2010) . A claim or argument
is frivolous when it appears the factual allegations are clearly
baseless or the legal theories are indisputably meritless.
Neitzke v. Williams, 490 U.S. 319, 327 (1989); Carroll v. Gross,
984 F.2d 392, 393 (11th Cir.1993). Or, stated another way, an
in forma pauperis action is frivolous and, thus, not brought in
good faith, if it is "without arguable merit either in law or
fact." Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir.2002);
Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001)
"Arguable means capable of being convincingly argued." Sun v.
Forrester, 939 F.2d 924, 925 (11th Cir.1991) (internal
quotations and citations omitted).
For the reasons set forth in this Court's Order dismissing
Plaintiff's Complaint, the claims and arguments Plaintiff seeks
to raise on appeal are without arguable merit in either law or
fact. Put simply, the Court sees no non-frivolous ground for
appeal. Consequently, the Court hereby DENIES Plaintiff leave
to appeal in forma pauperis because the appeal is not taken in
good faith. 28 U.S.C. § 1915(a) (3).
SO ORDERED,

this

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, 2015.

IA2bBEY WOOD, CHIEF JUDGE
STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGI
AO 72A
(Rev. 8182)

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