Downs v. Federal National Mortgage Association

Filing 23

MEMORANDUM AND ORDER, The Court GRANTS Downs motion for leave to proceed on appeal in forma pauperis (Doc. 15 ). The Court further DENIES as moot her motion for service of process at government expense (Doc. 16 ) because there is nothing that requires service of process at this stage of the case. The Court DIRECTS the Clerk of Court to send this order to the Court of Appeals in conjunction with Appeal No. 15-1370. Signed by Judge J. Phil Gilbert on 3/25/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
IN RE:
KIM DOWNS,

Case No. 14-cv-1386-JPG

Debtor.
MEMORANDUM AND ORDER
This matter comes before the Court on appellant debtor Kim Downs’ motion for leave to
proceed on appeal in forma pauperis (Doc. 15) and motion for service of process at government
expense (Doc. 16).
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 that Downs is indigent. It also
appears that some of the legal points at issue in the appeal may be reasonably arguable on their
merits.
For this reason, the Court GRANTS Downs’ motion for leave to proceed on appeal in
forma pauperis (Doc. 15). The Court further DENIES as moot her motion for service of process
at government expense (Doc. 16) because there is nothing that requires service of process at this
stage of the case. The Court DIRECTS the Clerk of Court to send this order to the Court of
Appeals in conjunction with Appeal No. 15-1370.
IT IS SO ORDERED.
DATED: March 25, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE