ROWE v. MIZE et al

Filing 186

ORDER denying 179 Motion for Leave to Appeal in forma pauperis. Signed by Judge Jane Magnus-Stinson on 6/13/2012. Copy via US Mail to plaintiff. (cc: USCA re: CA #12-2186.) (TMA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
JEFFREY ALLEN ROWE,

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Plaintiff,
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vs.
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SUPT. BRETT MIZE, et al.,
)
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Defendants. )

1:10-cv-362-JMS-DML
CA #12-2186

Entry Discussing Request to Proceed on Appeal In Forma Pauperis
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 the plaintiff could present to argue that the recent denial of his motion for
preliminary injunction was erroneous. 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).
Based on the foregoing, therefore, the plaintiff’s request for leave to proceed on
appeal in forma pauperis (dkt 179) is denied.
IT IS SO ORDERED.
06/13/2012
Date: __________________

_______________________________

Distribution:
JEFFREY ALLEN ROWE
116017
PENDLETON CORRECTIONAL FACILITY
Inmate Mail/Parcels
4490 West Reformatory Road
PENDLETON, IN 46064
All Electronically Registered Counsel

Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana