LAFAVERS v. USA

Filing 16

ORDER denying 15 Motion for Leave to Appeal in forma pauperis. Signed by Judge Jane Magnus-Stinson on 11/16/2011. Copy via US Mail to LaFavers. (cc: USCA re: CA #11-3542.) (TMA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

KEVEN M. LAFAVERS,
Movant,
vs.
UNITED STATES OF AMERICA.

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1:11-cv-131-JMS-MJD
re: CA #11-3542

Entry Discussing Request to Proceed on Appeal In Forma Pauperis
The movant 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 movant 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 [15] is denied.
IT IS SO ORDERED.

11/16/2011
Date: _________________
_______________________________

Distribution:
[e-mail]
Keven M. LaFavers
No. 11041-033
Morgantown FCI
Inmate Mail/Parcels
P.O. Box 1000
Morgantown, WV 26507

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