Elmore v. Cooper et al

Filing 231

ORDER denying 222 Motion ; denying 228 Motion for Leave to Appeal in forma pauperis. Signed by Judge William T. Moore, Jr on 8/22/2011. (loh)

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IN THE UNITED STATES DISTRICT COURT -FOR
THE SOUTHERN DISTRICT OF GEORGIA
Al
WAYCROSS DIVISION

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EIMON MCCARROLL ELMORE, JR.,
Plaintiff,
V.

CASE NO. CV508-004

ASSISTANT WARDEN PEGGY ANN
COOPER, Coffee Correctional
Facility, individually and in
her official capacity, and
CORRECTIONS CORPORATION OF
AMERICA, a Tennessee
Corporation,
Defendants.

ORDER

Before the Court are Plaintiff's Motion to Enlarge the
Record (Doe. 222) and Motion for Leave to Appeal In Forma
Pauperis (Doc. 228). After a careful review, the Court
finds no merit to Plaintiff's request to add to the record
in this case. Therefore, his Motion to Enlarge the Record
is DENIED.

In this case, "[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.

Plaintiff is clearly not entitled to a

reopening of the time to file an appeal from this Court's
order granting Defendants' Motion for Summary Judgment and
dismissing Plaintiff's case.
this

Court's

In addition, an appeal of

order denying

Plaintiff's

Motion

to

Amend/Correct Judgment would be frivolous. Accordingly,
Plaintiff's Motion for Leave to Appeal In Forma Pauperis is
DENIED.
-p

SO ORDERED this

22 — day

of August 2011.

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

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