JACKSON v. INDIANA DEPARTMENT OF CORRECTION et al

Filing 78

ORDER denying 76 Motion for Leave to Appeal in forma pauperis (USCA #14-3592). There has been no final or partial final judgment in this action. While the Court has granted summary judgment with respect to Defendants Renfro and Lundy, (Dkt. N o. 59) no partial final judgment was issued and claims against the remaining defendants are still pending. Accordingly, his appeal is not taken in good faith, and for this reason his request for leave to proceed on appeal in forma pauperis [dkt 76] is denied. Signed by Judge Tanya Walton Pratt on 2/20/2015. (AH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
CURTIS JACKSON,
Plaintiff,
vs.
COOKE, AIGHT, RENFRO and LUNDY
Defendants.

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Case No. 1:13-cv-1378-TWP-MJD

Entry Discussing Request to Proceed on Appeal In Forma Pauperis
The plaintiff seeks leave to proceed on appeal without prepayment of the appellate fees of
$505.00. 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 has been no final or partial final judgment in this action. While the Court has granted
summary judgment with respect to Defendants Renfro and Lundy, (Dkt. No. 59) no partial final
judgment was issued and claims against the remaining defendants are still pending. In pursuing an
appeal, therefore, the plaintiff “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 [dkt 76] is denied.
IT IS SO ORDERED.

Date: 2/20/2015

Distribution:
Electronically Registered Counsel
Curtis Jackson
973802
Pendleton Correctional Facility
Inmate Mail/Parcels
4490 West Reformatory Road
Pendleton, IN 46064