Filing 18

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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION JESUS SOTO-OZUNA, Petitioner, vs. 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. Date: 4/13/2015 Distribution: Jesus Soto-Ozuna No. 09944-028 FCI Fort Dix Inmate Mail/Parcels P. O. Box 2000 Fort Dix, NJ 08640 Electronically registered counsel

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