Hunt v. Kelly et al

Filing 16

ORDER denying 14 Motion for Leave to Appeal. Signed by Chief Judge J. Randal Hall on 11/6/17. (wwp)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION STEPHEN LEONARD HUNT, Plaintiff, CV v. CYNTHIA GROOVER, 417-100 * KELLY GIVENS, TAMARA BENNETT THOMPSON, MARY ELIZABETH MCDONALD, ANA ALLEN, GEORGIA, CHATHAM COUNTY, * CHATHAM COUNTY SUPERIOR COURT CLERK, and * STATE OF GEORGIA, * * Defendants. ORDER On July reported and 42 U.S.C. adopted 27, 2017, the recommended that § 1983 the United States Plaintiff Judge's report closed this case on August 21, 2017. Judge Stephen Leonard Hunt's complaint be dismissed. Magistrate Magistrate (Doc. and (Doc. 7.) The Court recommendation 9.) and Plaintiff filed a notice of appeal and now moves for leave to proceed in forma pauperis appeal. on (Docs. 11, 14.) Plaintiff's motion is DENIED for the following reasons. The requirements for litigants seeking to proceed in forma pauperis on appeal are set forth in 28 U.S.C. § 1915. In addition that " [a] n trial not the financial appeal court faith." is to may certifies An appeal is objectively 369 U.S. 438, frivolous, 445 the requirements, not be in taken in writing that § 1915(a)(3) forma it is pauperis not Driver, 251 if the taken in good in good faith when a litigant's argument frivolous. (1962) . district See Coppedge v. United States, In deciding whether an IFP appeal is court determines whether the raised have any arguable merit either in law or fact. v. provides F.3d 1346, 1349 (11th Cir. 2001). issues See Bilal In this Plaintiff has not presented any non-frivolous issue. case, The Report and Recommendation adopted by this Court thoroughly explains why his claims were not taken in dismissed. good faith, Accordingly, and his motion Plaintiff's to proceed appeal in is forma pauperis on appeal is therefore DENIED. ORDER ENTERED at Augusta, November, Georgia, this 6p day of 2 017. J.^ANBAL HALX, CHIEF JUDGE UNITE© STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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