Bigglest v. The Mayor and Alderman of the City of Savannah et al

Filing 19

ORDER dismissing as moot 13 Motion to appeal dismissal ; denying 18 Motion for Leave to Appeal in forma pauperis. Signed by Judge William T. Moore, Jr on 7/15/2013. (loh)

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FILED U.S. DISTRICT COURT SP IN THE UNITED STATES DISTRICT COUP? UIJJUL IS AM THE SOUTHERN DISTRICT OF GEORG A SAVANNAH DIVISION : i 1LERK_,—>----- - E:±-SO. 1. OF GA. JAMES A. BIGGLEST, Plaintiff, CASE NO. CV412-240 VIM THE MAYOR AND ALDERMAN OF THE CITY OF SAVANNAH, JOSEPH SHEAROUSE, PEARSON DELOACH, CHRIS FORAN, and MARY BETH ROBINSON, Defendants. ORDER Before the Court is Plaintiff's Motion for Leave to Appeal In Forma Pauperis. (Doc. 18..) Pursuant to 28 U.S.C. § 1915(a) (1), this Court may allow Plaintiff to proceed on appeal without prepayment of fees if he submits an affidavit that includes a statement of all his assets and shows that he is unable to pay such fees or give security therefor. However, '[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." 28 U.S.C. § 1915 (a) (3); see Fed. R. App. P. 24(a) (3) (A). After careful consideration, the Court finds that this appeal is frivolous and not taken in good faith. Accordingly, Plaintiff's motion is DENIED.' SO ORDERED this /"day of July 2013. WILLIAM T. MOORE I Ø. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA 1 Plaintiff's construed Notice of Appeal (Doc. 15) was originally docketed as a motion (Doc. 13). Accordingly, Plaintiff's docketed entry as a motion is DISMISSED AS MOOT. 2

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