SOBIN v. FINNAN

Filing 31

ORDER denying 30 Motion for Leave to Appeal in forma pauperis. Signed by Judge Sarah Evans Barker on 11/28/2011. c/m (cc: USCA re: CA #11-3564.) (TMA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
GREGORY D. SOBIN,
Petitioner,
v.
ALAN P. FINNAN, Superintendent,
Respondent.

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No. 1:11-cv-493-SEB-TAB
CA #11-3564

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 [30] is denied.
IT IS SO ORDERED.

11/28/2011
Date: ________________
Distribution:
[e-mail]
Gregory D. Sobin
No. 116350
Wabash Valley Correctional Facility
Inmate Mail/Parcels
6908 S. Old U.S. Highway 41
P.O. Box 500
Carlisle, IN 47838

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