Addison v. Newton et al

Filing 67

ORDER, DENYING as unnecessary 61 MOTION for Certificate of Appealability filed by Herman Addison, Jr., GRANTING 63 MOTION for Leave to Appeal in forma pauperis filed by Herman Addison, Jr. Signed by Judge David R. Herndon on 12/21/2015. (dsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
HERMAN ADDISON, JR.,
Plaintiff,
vs.

No. 3:14-cv-01405-DRH-SCW

TRACY NEWTON, et al.,
Defendants.

ORDER
HERNDON, District Judge:
Plaintiff filed suit pursuant to 42 U.S.C. § 1983 and Illinois common law
alleging that the defendants violated the Due Process and Equal Protection clauses
and are liable for defamation. Plaintiff’s claims are premised on the allegation that
he was improperly forced to register as a sex offender in the State of Illinois. On
November 30, 2015, the Court entered an order granting the defendants’ motion
for summary judgment (Doc. 58) and judgment was entered on December 2, 2015
(Doc. 59).
Now the plaintiff has filed notice of appeal, a request for leave to proceed in
forma pauperis on appeal, and a request for a certificate of appealability. Because
this is a § 1983 action, plaintiff does not need a certificate of appealability.
Accordingly, the motion for a certificate of appealability is DENIED as
unnecessary.
The Court notes the plaintiff proceeded in forma pauperis in this Court. In
general, such a defendant may proceed on appeal in forma pauperis without
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further authorization unless the district court certifies that the appeal is not taken
in good faith or that the party is otherwise not entitled to proceed in forma
pauperis on appeal. See FED. R. APP. P. 24(a)(3). To conclude that an appeal is
in good faith, “a court need only find that a reasonable person could suppose that
the appeal has some merit.” Id. at 632 (citing Lee v. Clinton, 209 F.3d 1025,
1026 (7th Cir. 2000)). While the Court believes that plaintiff’s appeal lacks merit,
it cannot say that his appeal is taken in bad faith.
Accordingly, finding that the plaintiff remains indigent, the motion for leave
to appeal in forma pauperis is GRANTED. Based on the plaintiff’s filings, he will
not be required pay the appellate filing fee.
IT IS SO ORDERED.
Signed this 21st day of December, 2015.

Digitally signed
by Judge David
R. Herndon
Date: 2015.12.21
15:07:34 -06'00'
United States District Judge

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