Sanchez-Soriano v. United States of America et al

Filing 179

MEMORANDUM AND ORDER Granting 174 MOTION for Leave to Appeal in forma pauperis filed by Jose Sanchez-Soriano. Clerk of Court to send a copy of this order to the Court of Appeals. Signed by Judge J. Phil Gilbert on 4/6/12. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSE SANCHEZ-SORIANO,
Plaintiff,
v.

Case No. 09-cv-500-JPG-PMF

UNITED STATES OF AMERICA, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Jose Sanchez-Soriano’s motion for leave to
proceed on appeal in forma pauperis (Doc. 174). A federal court may permit a party to proceed on

appeal without full pre-payment of fees provided the party is indigent and the appeal is taken in good
faith. 28 U.S.C. § 1915(a)(1) & (3); Fed. R. App. P. 24(a)(3)(A). A frivolous appeal cannot be made
in good faith. Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000). The test for determining if an
appeal is in good faith or not frivolous is whether any of the legal points are reasonably arguable on
their merits. Neitzke v. Williams, 490 U.S. 319, 325 (1989) (citing Anders v. California, 386 U.S. 738
(1967)); Walker v. O’Brien, 216 F.3d 626, 632 (7th Cir. 2000).
The Court is satisfied from Sanchez-Soriano’s affidavit that he is indigent. It also believes this
appeal is in good faith and not frivolous. Accordingly, the Court GRANTS Sanchez-Soriano’s motion
for leave to proceed on appeal in forma pauperis (Doc. 174) and DIRECTS the Clerk of Court to send
a copy of this order to the Court of Appeals for use in conjunction with appeal number 12-1769.
IT IS SO ORDERED.
DATED: April 6, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE