EPPLEY, MD, DMD v. IACOVELLI

Filing 226

ORDER denying 219 Motion for Leave to Appeal in forma pauperis. Signed by Judge Sarah Evans Barker on 10/7/2010. c/m (cc: USCA re: CA #10-3215.) (TMA)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA

DR. BARRY EPPLEY, MD, DMD, Plaintiff, vs. LUCILLE IACOVELLI, Defendant.

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No. 1:09-cv-386-SEB-DML CA #10-3215

Entry Discussing Request to Proceed on Appeal In Forma Pauperis Non-party Richard Bergeron's request for leave to proceed on appeal in forma pauperis (dkt 219) is denied. An appeal may not be taken in forma pauperis if the trial court certifies that the appeal is not taken in good faith. 28 U.S.C. § 1915; see Coppedge v. United States, 369 U.S. 438 (1962). "Good faith" within the meaning of § 1915 must be judged by an objective, not a subjective, standard. Id. There is no objectively reasonable argument which Mr. Bergeron could present to argue that the order finding him in contempt or the order imposing sanctions for such contempt were erroneous­nor does his request for leave to proceed on appeal in forma pauperis even suggest such an argument. In pursuing an appeal, the plaintiff "is acting in bad faith . . . [because] to sue in bad faith means merely to sue on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit." Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). IT IS SO ORDERED.

Date: 10/07/2010

_______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

Distribution: Gary P. Price [e-mail] Todd Arthur Richardson [e-mail] Joseph Peter Rompala [e-mail] Lucille Iacovelli 3 Deer Hollow Road Forestdale, MA 02644 Rich Bergeron 107 Cotton Hill Road Belmont, NH 03220