McIntosh v. Kelly et al

Filing 274

ORDER: McIntosh's Motion to Proceed in Forma Pauperis on Appeal (Doc. 271 ) is GRANTED. Signed by Judge Staci M. Yandle on 2/22/2023. (cka)

Case 3:16-cv-01018-SMY Document 274 Filed 02/22/23 Page 1 of 1 Page ID #2646
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DALLAS MCINTOSH,
Plaintiff,
vs.
NICHOLAS GAILIUS, et al,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 16-CV-1018-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
Plaintiff Dallas McIntosh filed this 42 U.S.C. § 1983 action related to a traffic stop. The
case is now before the Court for consideration of McIntosh’s Motion to Proceed in Forma Pauperis
(“IFP”) on Appeal (Doc. 271).
The 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). An appeal is taken in “good faith” if it seeks review of any issue that
is not clearly frivolous, meaning that a reasonable person could suppose it to have at least some
legal merit. Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000).
McIntosh identifies two issues that he intends to appeal (whether this Court abused its
discretion in dismissing his case with prejudice and whether several dismissed defendants were
immune from suit) and provides necessary details regarding his financial condition. Based on that
information, the Court finds that he is indigent and that his appeal is taken in good faith.
Accordingly, his motion is GRANTED.
IT IS SO ORDERED.
DATED: February 22, 2023
STACI M. YANDLE
United States District Judge
Page 1 of 1