MITCHELL v. BUTTS

Filing 22

ORDER denying 16 Motion for Leave to Appeal in forma pauperis; denying 17 Motion for Certificate of Appealability. Signed by Judge Jane Magnus-Stinson on 5/18/2012. Copy via US Mail to Petitioner. (cc: USCA re: CA #12-2194.) (TMA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

LARRY D. MITCHELL,
Petitioner,
vs.
KEITH BUTTS, Superintendent,
Respondent.

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1:11-cv-1445-JMS-MJD
CA #12-2194

Entry Concerning Selected Matters
The court, having considered the above action and the matters which are
pending, makes the following rulings:
1.
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 [16] is denied.
2.
The petitioner’s renewed request for the issuance of a certificate of
appealability [17] is denied for the same reasons as explained in the Entry of April
9, 2012.
IT IS SO ORDERED.

05/18/2012
Date: __________________

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

Distribution:
[e-mail]
Larry D. Mitchell
No. 925971
Pendleton Correctional Facility
4490 West Reformatory Road
Pendleton, IN 46064