Wilson, Jr. v. Stanley

Filing 47

ORDER - The Court DENIES (Doc. 43 ) & (Doc. 42 ) Motion for Leave to Appeal in forma pauperis filed by Arthur L. Stanley. Signed by Judge Staci M. Yandle on 6/13/2016. (hjg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TIMOTHY WILSON, JR.,
Plaintiff,
vs.

Case No. 15-cv-1315-SMY-SCW

ARTHUR STANLEY,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff's Motion for Leave to Appeal in forma
pauperis (Doc. 43). On January 26, 2016, the Court remanded this case to state court in St. Clair
County, Illinois (Doc. 26). Plaintiff filed his Notice of Appeal on April 27, 2016 (Doc. 36).
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 and 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 has no doubt that Plaintiff is indigent. However, the appeal is frivolous.
Plaintiff argues that neither this Court nor the Seventh Circuit addressed his Motion for
Sanctions (Doc. 11). However, this Court had no jurisdiction to do so because the case was
improperly removed from state court. An order remanding a case to state court based on a lack
of subject-matter jurisdiction or defect in the removal procedure is not reviewable on appeal.

See Powerex Corp. v. Reliant Entergy Services, Inc., 551 U.S. 224 (2007).
Plaintiff’s Motion for Leave to Appeal in forma pauperis is DENIED.

IT IS SO ORDERED.
DATE: June 13, 2016

s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE

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Accordingly,