Hurt v. Chief of Police

Filing 13

ORDER that the Court will construe the Motion for Leave to Appeal IFP as a Notice of Appeal, a motion for leave to appeal IFP, and a motion for appointment of counsel. The motions are denied. Signed by Judge William T. Moore, Jr on 10/9/15. (bcw)

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IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

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TYRONE HURT,
Plaintiff,
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CASE NO. CV414-244

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CHIEF OF POLICE,
Defendant.

ORDER
Before the Court is Plaintiff's Motion for Leave to Appeal
In Forma Pauperis. (Doc. 12.) While the Court found it extremely
difficult to read the motion, the Court will construe it as a
notice of appeal, a motion for leave to appeal in forma
pauperis, and a motion for appointment of counsel. The Clerk of
Court is DIRECTED to modify the docket entry accordingly, with
the notice of appeal being filed effective on April 15, 2015.
Pursuant to 28 U.S.C. § 1915(a) (1), this Court may allow a
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 in this case, the

Court finds that this appeal is frivolous and not taken in good
faith. Accordingly, Plaintiff's motions are DENIED.
SO ORDERED this

day of October 2015.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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