Boulb v. USA

Filing 21

MEMORANDUM AND ORDER, The Court GRANTS the motion to proceed on appeal in forma pauperis without prepayment of fees and costs (Doc. 19 ). Document 20 appears to be a duplicate filing and is therefore STRICKEN. Signed by Judge J. Phil Gilbert on 3/16/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRIAN K. BOULB,
Petioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 14-cv-00737-JPG

MEMORANDUM AND ORDER
This matter comes before the Court on Petitioner Brian K. Boulb’s Motions to proceed on
Appeal In Forma Pauperis (Docs. 19 &20).

Document 20 appears to be a duplicate filing and is

therefore STRICKEN.
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) and (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 that Petitioner is indigent. Furthermore, the Court does not believe that
this action is frivolous or malicious. Therefore, the Court GRANTS the motion to proceed on appeal
in forma pauperis without prepayment of fees and costs (Doc. 19). Document 20 appears to be a
duplicate filing and is therefore STRICKEN.

IT IS SO ORDERED.
DATED: 3/16/2015

s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE