BRIGGS v. USA

Filing 20

ORDER denying 19 Motion for Leave to Appeal in forma pauperis (USCA #16-1810). Accordingly, his appeal is not taken in good faith, and his request for leave to proceed on appeal in forma pauperis [dkt 19] is denied. Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 5/10/2016. (JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JUSTIN ALLEN BRIGGS,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 1:14-cv-01111-TWP-DML

Entry Discussing Request to Proceed on Appeal in forma pauperis
A claim or argument is frivolous when it appears the factual allegations are clearly baseless or the
legal theories are indisputably meritless. Neitzke v. Williams, 490 U.S. 319, 327 (1989). There is no
objectively reasonable argument the petitioner could present to argue that the disposition of this action was
erroneous. 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 his request for leave to proceed on appeal in forma pauperis [dkt 19]
is denied.
IT IS SO ORDERED.
Date: 5/10/2016

Distribution:

Electronically Registered Counsel
Justin Allen Briggs
Elkton-FCI
Inmate Mail/Parcels
P.O. Box 10
Lisbon, OH 44432