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)

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