Lamb v. Upton et al

Filing 76

ORDER stating that for foregoing reasons, Plaintiff Theowanda Lamb's motion for IFP status on appeal is denied. Doc. #74.. Signed by Judge B. Avant Edenfield on 6/28/2010. (loh)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION

of Volusia, 189 F.R.D. 687, 691 (M.D. Fla. 1999). A claim is frivolous if it is "without arguable merit either in law or fact." Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001). Lamb has failed to point to any particular issue that he wishes to raise on appeal. The Court has reviewed the R&R and Adoption Order and is unable to parse out a single valid basis for appeal. Summary judgment was granted to Defendants because the uncontroverted facts did not reveal any procedural or substantive due process violations against Plaintiff.2 See doc. # 61 at 3-19. For the foregoing reasons, Plaintiff Theowanda Lamb's motion for IFP status on appeal is DENIED. Doc. # 74.

THEOWANDA LAMB, Plaintiff, v. 608CV093

WARDEN STEVE UPTON, DANE DASHER, JOHNNY KENNEDY, JAMES DONALD, TOM SITTNICK, SHEVONDAH FIELDS, R. REARDON, JOHNNY SMITH, and LARRY WAGNER, Defendants.

ORDER On 5/20/10, this Court adopted the Magistrate Judge's Report and Recommendation ("R&R"), dismissing the remaining claims and defendants from this case. 1 Doc. ## 61 (R&R), 68 (Adoption Order). On 6/23/10, the Court received Plaintiff's Notice of Appeal, doc. # 74, as to that Order, which this Court also construes as a motion for leave to appeal in forma pauperis (IFP). To obtain IFP status on appeal, a party's appeal must be taken in good faith. 28 U.S.C. § 1915(a)(3). Good faith, in turn, means that there is an issue on appeal that is not frivolous when judged under an objective standard. See Coppedge v. U.S., 369 U.S. 438, 445 (1962); Busch v. County
On 10/13/09, the Court adopted an R&R recommending the dismissal of all defendants except Dane and Dasher. Doc. ## 13 (R&R), 36 (Adoption Order). Plaintiff filed a Notice of Appeal as to that Order, but the Eleventh Circuit dismissed the appeal because the Order he sought to appeal did not completely dispose of his claims. Doc. # 66 at 1-2.
1

This day of 28 June 2010. )

R- AVANT 1DENFIELŲ+JTJDGE UNTFED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

86[LJ:W

2

To the extent Lamb intends to appeal the adoption of the first R&R, which dismissed certain other claims and all defendants except Dane and Dasher, the Court likewise is unable to identify a single issue to support a good faith appeal, see doc. ## 13 (R&R), 36 (Adoption Order), and thus declines to grant IFP status.