BROWN v. INDIANA SUPERIOR COURT OF MARION COUNTY

Filing 18

ORDER denying 17 Motion for Leave to Appeal in forma pauperis. Signed by Judge Jane Magnus-Stinson on 9/14/2011 Copy to the petr by US first class mail (copy sent to COA) (CBU)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

PETER BROWN,
Petitioner,
v.
ATTORNEY GENERAL OF INDIANA,
Respondent.

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No. 1:11-cv-695-JMS-MJD

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 [17] is denied.
IT IS SO ORDERED.

09/14/2011
Date: __________________
Distribution:
Peter Brown
Reg. No. 07384-028
Lewisburg – USP
P.O. Box 1000
Lewisburg, PA 17837

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