BAILEY v. STINE

Filing 53

ORDER denying 52 Motion for Leave to Appeal in forma pauperis. Signed by Judge Jane Magnus-Stinson on 5/23/2012. Copy via US Mail to Petitioner. (cc: USCA re: CA #12-2086.) (TMA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
DEREK BAILEY,
Petitioner,
v.
D. L. STINE,
Respondent.

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No. 1:10-cv-839-JMS-DKL
CA #12-2086

Entry Discussing Request to Proceed on Appeal In Forma Pauperis
The petitioner seeks leave to proceed on appeal without prepayment of the
appellate fees of $455.00. 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. See id. There is no
objectively reasonable argument the petitioner could present to argue that the
disposition of this action was erroneous. In pursuing an appeal, therefore, the
petitioner “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).
Accordingly, his appeal is not taken in good faith, and for this reason his request for
leave to proceed on appeal in forma pauperis [52] is denied.
IT IS SO ORDERED.

05/23/2012
Date: __________________
Distribution:
Derek Bailey
#114596
New Castle Correctional Facility
1000 Van Nuys Road
P.O. Box A
New Castle, IN 47362
Kelly A. Miklos
[e-mail]

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