Mabie v. United States Marshals Service et al

Filing 36

MEMORANDUM AND ORDER, The Court therefore CERTIFIES pursuant to Federal Rule of Appellate Procedure 24(a)(3)(A) that the appeal is not taken in good faith and that Mabie should not be allowed to appeal in forma pauperis. The Court DIRECTS the Clerk of Court to send a copy of this order to the Court of Appeals for use in connection with Appeal No. 18-2995. Signed by Judge J. Phil Gilbert on 9/20/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIAM MABIE,
Plaintiff,
v.

Case No. 18-cv-1276-JPG-SCW

UNITED STATES MARSHAL’S SERVICE,
ALTON CITY JAIL and SAINT LOUIS
METROPOLITAN POLICE,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff William Mabie’s notice of appeal (Doc.
31) of the Court’s September 14, 2018, (Doc. 30) order. As noted in that order, the order is not
immediately appealable under 28 U.S.C. §§ 1291 or 1292. Consequently, the Court cannot find
that Mabie has taken this appeal in good faith. The Court therefore CERTIFIES pursuant to
Federal Rule of Appellate Procedure 24(a)(3)(A) that the appeal is not taken in good faith and
that Mabie should not be allowed to appeal in forma pauperis by simply by virtue of the fact that
he was allowed to proceed in forma pauperis at the district court level. The Court DIRECTS the
Clerk of Court to send a copy of this order to the Court of Appeals for use in connection with
Appeal No. 18-2995.
IT IS SO ORDERED.
DATED: September 20, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE