SOTO-OZUNA v. USA

Filing 27

ORDER denying 26 Motion for Leave to Appeal in forma pauperis (USCA #15-03504). Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 11/30/2015. (JLS)

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 argument that the petitioner presents in his motion and conclusion that the
disposition of this action was erroneous is not objectively reasonable. 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. 26] is denied.
IT IS SO ORDERED.

Date: 11/30/2015

Distribution:
Jesus Soto-Ozuna
No. 09944-028
FCI Fort Dix
Inmate Mail/Parcels
P. O. Box 2000
Joint Base MDL, NJ 08640
Electronically registered counsel