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)

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