Casciaro v. Combs et al.

Filing 269

WRITTEN Opinion entered by the Honorable Philip G. Reinhard on 10/24/2022: The motion to appeal in forma pauperis 263 , filed by Scott Peters, is denied because the appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3). To proceed w ith his appeal, Mr. Peters must either pay the appellate fee of $505 within fourteen days or seek review of this court's denial of his in forma pauperis request in the United States Court of Appeals for the Seventh Circuit within thir ty days of the entry of this order. The Clerk is directed to send a copy of this order to plaintiff and to the United States Court of Appeals for the Seventh Circuit Signed by the Honorable Philip G. Reinhard on 10/24/2022:Notice mailed by judicial staff (pg, )

Case: 3:17-cv-50094 Document #: 269 Filed: 10/24/22 Page 1 of 2 PageID #:3907

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
Mario Casciaro,
Plaintiff,
v.
Keith Von Allmen et al.,
Defendants.

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Case No. 17 C 50094
Judge Philip G. Reinhard

ORDER
The motion to appeal in forma pauperis [263], filed by Scott Peters, is denied because the
appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3). To proceed with his appeal, Mr.
Peters must either pay the appellate fee of $505 within fourteen days or seek review of this court’s
denial of his in forma pauperis request in the United States Court of Appeals for the Seventh
Circuit within thirty days of the entry of this order. The Clerk is directed to send a copy of this
order to plaintiff and to the United States Court of Appeals for the Seventh Circuit.
STATEMENT-OPINION
Scott Peters, an inmate at Menard Correctional Center, has filed several motions [251, 255,
256, 258, 260] and related other documents [249, 250, 252, 253, 254] seeking to intervene in this
case and to subpoena documents. The motions were denied [257, 259, 261] because Mr. Peters
was never a party to this case and because this case was closed long before any of his motions
were filed. Mr. Peters has filed a notice of appeal [262] and a motion to appeal in forma pauperis
[263].
“[A]n appeal taken in ‘good faith’ is an appeal that, objectively considered, raises nonfrivolous colorable issues.” Eiler v. City of Pana, No. 14-CV-3063, 2014 WL 11395155, at *1
(C.D. Ill. Nov. 1, 2014) (collecting cases); Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000)
(explaining that a finding of no good faith is comparable to a finding that an appeal would be
frivolous). “An appeal is frivolous when the result is obvious or when the appellant’s argument is
wholly without merit.” Smeigh v. Johns Manville, Inc., 643 F.3d 554, 565 (7th Cir. 2011) (citation
and internal quotation marks omitted). The court finds that the appeal is not taken in good faith as
Mr. Peters fails to articulate any non-frivolous colorable issues in his notice of appeal that merit
review. The court has reviewed its rulings as well as the other documents filed by Mr. Peters and
discerns no non-frivolous grounds for appeal. Accordingly, the application to proceed in forma
pauperis on appeal filed by Mr. Peters is denied.
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Case: 3:17-cv-50094 Document #: 269 Filed: 10/24/22 Page 2 of 2 PageID #:3908

Under the rules of the Seventh Circuit Court of Appeals, if the district court certifies that
an appeal is not taken in good faith, the appellant cannot prosecute the appeal in forma pauperis,
but rather must pay the appellate fees in full for the appeal to go forward. To proceed with his
appeal, Mr. Peters must either pay the appellate fee of $505 within fourteen days or seek review
of this court’s denial of his in forma pauperis request in the United States Court of Appeals for the
Seventh Circuit within thirty days of the entry of this order. Fed. R. App. P. 24(a)(5). Payment
shall be sent to the Clerk, United States District Court, 219 South Dearborn Street, Chicago, Illinois
60604, attn: Cashier’s Desk, 20th Floor. Payment should clearly identify the name of the party to
whom the payment applies, as well as the district court and appellate court case numbers assigned
to this action.
Date: 10/24/2022

ENTER:
____________________________________
United States District Court Judge
Notices mailed by Judicial Staff.

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