SOTO-OZUNA v. USA
ORDER denying 14 Motion for Leave to Appeal in forma pauperis (USCA #15-1739). Signed by Judge Tanya Walton Pratt on 4/13/2015 (dist made) (CBU)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
UNITED STATES OF AMERICA.
Case No. 1:14-cv-0746-TWP-DML
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 $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.
The petitioner is appealing the denial of his motion to amend his section 2255 motion, a
non-final order. 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 [dkt. 14] is denied.
IT IS SO ORDERED.
FCI Fort Dix
P. O. Box 2000
Fort Dix, NJ 08640
Electronically registered counsel
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