Tabb v. Bryson et al

Filing 42

ORDER DENYING Plaintiff leave to appeal in forma pauperis re: 36 Notice of Interlocutory Appeal. Signed by Chief Judge Lisa G. Wood on 2/29/2016. (csr)

3k' the Uniteb Stateo Jitritt Court
for the boutbern 30iotrttt of georgia
aptro
ibtion
JOSEPH TABB,
Plaintiff,
V.

HOMER BRYSON, et al.,
Defendants.

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CIVIL ACTION NO.: 5:15-cv-58

ORDER

Plaintiff has filed an interlocutory appeal of the portion
of this Court's February 3, 2016, Order denying Plaintiff's
Motion for a Preliminary Injunction. Dkt. No. 34. Though
Plaintiff has not moved to proceed on appeal in forma pauperis,
any such attempt on Plaintiff's part is DENIED.
An appeal cannot be taken in forma pauperis if the trial
Court certifies, either before or after the notice of appeal is
filed, that the appeal is not taken in good faith. 28 U.S.C.
§ 1915 (a) (3); Fed. R. App. P. 24(a) (3). Good faith in this
context must be judged by an objective standard. Busch v. cty.
of Volusia, 189 F.R.D. 687, 691 (M.D. Fla. 1999). A party does
not proceed in good faith when it seeks to advance a frivolous
claim or argument. See Coppedge v. United States, 369 U.S. 438,
445 (1962); Whitted v. Roberts, Case No. 06-CV-776-KDB, 2010 WL

AO 72A
(Rev. 8/82)

2025391, at *1 (S.D. Ala. Apr. 27, 2010) . A claim or argument
is frivolous when it appears the factual allegations are clearly
baseless or the legal theories are indisputably meritless.
Neitzke v. Williams, 490 U.S. 319, 327 (1989); Carroll v. Gross,
984 F.2d 392, 393 (11th Cir. 1993) . Or, stated another way, an
in forma pauperis action is frivolous, and thus not brought in
good faith, if it is 'without arguable merit either in law or
fact." Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002)
Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001)
"Arguable means capable of being convincingly argued." Sun v.
Forrester, 939 F.2d 924, 925 (11th Cir. 1991) (internal
quotations and citations omitted)
For the reasons set forth in this Court's Order denying
Plaintiff's Motion for Preliminary Injunction, the claims and
arguments Plaintiff seeks to raise on appeal are without
arguable merit either in law or fact. Consequently, the Court
hereby DENIES Plaintiff leave to appeal in forma pauperis
because the appeal is not taken in good faith. 28 U.S.C.
§

1915(a)(3).

SO ORDERED,

this

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7A dayA
LISA GGpBE)' WOOD, CHIEF JUDGE
UNITED A'TES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AG 72A
(Rev. 818 2)

2

, 2016.