Scott v. Harrington et al

Filing 17

ORDER DENYING 12 MOTION for Leave to Appeal in forma pauperis filed by Kenneth Scott. Signed by Judge G. Patrick Murphy on 10/5/2010. (ssd)

Scott v. Harrington et al

Doc. 17

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS KENNETH SCOTT, Plaintiff, vs. RICHARD HARRINGTON, et al., Defendants. ) ) ) ) ) ) ) ) )

CIVIL NO. 10-002-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge: This matter is before the Court on Plaintiff's motion for leave to proceed in forma pauperis on appeal (Doc. 12). "An 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). A plaintiff is "acting in bad faith in the more common legal meaning of the term ... [when he sues] ... on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit." Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Further, "an appeal in a frivolous suit cannot be `in good faith' under § 1915(a)(3), because `good faith' must be viewed objectively." Moran v. Sondalle, 218 F.3d 647, 650 (7th Cir. 2000); see also Lee, 209 F.3d at 1026; Tolefree v. Cudahy, 49 F.3d 1243, 1244 (7th Cir. 1995) ("[T]he granting of leave to appeal in forma pauperis from the dismissal of a frivolous suit is presumptively erroneous and indeed self-contradictory."). This action was dismissed as frivolous under 28 U.S.C. § 1915A, and Plaintiff has offered no convincing argument that this Court's conclusion was incorrect. The Court CERTIFIES that this appeal is not taken in good faith; accordingly, the motion for leave to proceed in forma pauperis Page 1 of 2

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on appeal is DENIED. Plaintiff shall tender the appellate filing and docketing fee of $455 to the Clerk of Court in this District, or he may reapply to the Seventh Circuit Court of Appeals for leave to proceed in forma pauperis on appeal. IT IS SO ORDERED. DATED: 10/05/10 s/ ZA ctàÜ|v~ `âÜÑ{ç G. PATRICK MURPHY United States District Judge

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