Cesal v. Kruse et al

Filing 69

ORDER DENYING Motion for Leave to Appeal in forma pauperis filed by Craig J Cesal (Doc. 67 ). Signed by Judge Staci M. Yandle on 10/18/2019. (mah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

CRAIG CESAL,
Plaintiff,
vs.
DOUGLAS ANTHONY KRUSE., et al.,
Defendants.

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Case No. 16-cv-1064-SMY-RJD

MEMORANDUM AND ORDER
YANDLE, District Judge:
Plaintiff Craig Cesal, an inmate in the custody of the Federal Bureau of Prisons ("BOP"),
filed this lawsuit pursuant to Bivens v. Six Unknown Agents, 403 U.S. 388 (1971), claiming his
constitutional rights were violated while he was incarcerated at Federal Correctional Institution
at Greenville, Illinois ("FCI Grenville"). This Court granted Defendants' Motion for Summary
Judgment (Doc. 56) and Plaintiff filed a Notice of Appeal (Doc. 64). Now pending before the
Court is Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (“IFP”) (Doc. 67). For the
following reasons, the Motion is DENIED.
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). 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).
Here, Plaintiff’s affidavit in support of his request to proceed IFP on appeal is
incomplete. Specifically, Plaintiff has failed to attach a certified statement showing all receipts,

expenditures, and balances during the last six months for his institutional accounts. As a result,
the Court is unable to ascertain whether Plaintiff qualifies for indigent status.

Further

complicating the determination of Plaintiff's indigent status is his contradictory assertion that he
has the funds to pay the Appellate filing fee and his Affidavit averring that he has no money or
assets. Accordingly, Plaintiff’s Motion for Leave to Appeal in Forma Pauperis is DENIED.
IT IS SO ORDERED.
DATED: October 18, 2019

STACI M. YANDLE
United States District Judge

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