COTTMAN v. ZATECKY et al

Filing 52

ENTRY DISCUSSING REQUEST TO PROCEED ON APPEAL IN FORMA PAUPERIS - The plaintiff's motion 46 is granted in part, that is, with respect to the issue of whether the plaintiff failed to exhaust available adminsitrative remedies regarding his claim of denial of access to the courts. The plaintiff's motion 46 is denied in all other respects. The plaintiff is assessed an initial partial filing fee of $14.32. He shall have through 10/1/2014, in which to pay this sum to the clerk of the district court. (USCA #14-2894). Signed by Judge Jane Magnus-Stinson on 8/27/2014. (JLM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JOSEPH COTTMAN,
Plaintiff,
vs.
THOMAS RICHARDSON, et al.,
Defendants.

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Case No. 1:13-cv-01793-JMS-DML

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.
At screening, the Court discerned that the complaint stated only a claim of denial of the
plaintiff’s right of access to the courts. The action, however, was dismissed without prejudice after
a hearing on the issue of exhaustion of available administrative remedies. This Court did not reach
the merits of the plaintiff’s claim.
The plaintiff raises a number of issues on appeal, including alleged violations of the Eighth
and Sixth Amendments and his denial of access to the courts. (Dkt. 48). By pursuing an appeal on
any issue other than the failure to exhaust available administrative remedies on his denial of access
claim is frivolous and is not taken in good faith. Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir.

2000) (to sue in bad faith means that no reasonable person could suppose that the claim has any
merit).
The plaintiff’s motion for leave to proceed on appeal in forma pauperis [dkt. 46] is granted
in part, that is, with respect to the issue of whether the plaintiff failed to exhaust available
administrative remedies regarding his claim of denial of access to the courts. The plaintiff’s motion
for leave to proceed on appeal in forma pauperis [dkt. 46] is denied in all other respects.
The plaintiff is assessed an initial partial appellate filing fee of Fourteen Dollars and Thirty-

Two Cents ($14.32). He shall have through October 1, 2014, in which to pay this sum to the
clerk of the district court.
IT IS SO ORDERED.

Date: August 27, 2014

Distribution:
All electronically registered counsel
Joseph Cottman
#108912
Pendleton Correctional Facility
Inmate Mail/Parcels
4490 West Reformatory Road
Pendleton, IN 46064-9001

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