PARKER v. CAPITAL ONE AUTO FINANCE, CAPITAL ONE, NATIONAL ASSOCIATION N.A. et al

Filing 136

ENTRY DISCUSSING REQUEST TO PROCEED ON APPEAL IN FORMA PAUPERIS - Ms. Parker 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. There is no objectively reasonable argument Ms. Parker could present to argue that the disposition of this action was erroneous. In pursuing an appeal, therefore, Ms. Parker "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, her appeal is not taken in good faith, and for this reason her request for leave to proceed on appeal in forma pauperis, [Filing No. 131 ], is DENIED. Copies mailed pursuant to Distribution List. (USCA #17-02123). Signed by Judge Jane Magnus-Stinson on 6/12/2017. (APD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
BRENDA PARKER,
Plaintiff,
vs.
OFFICER LOYAL, in official and individual
capacity,
OFFICER PILKINGTON, in official and
individual capacity,
OFFICER ROLINSON, in official and
individual capacity,
MARK SENESAC,
CITY OF INDIANAPOLIS,
Defendants.

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No. 1:15-cv-00826-JMS-TAB

ENTRY DISCUSSING REQUEST TO PROCEED ON APPEAL IN FORMA PAUPERIS
Ms. Parker 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. There is no objectively reasonable argument Ms. Parker could present to argue
that the disposition of this action was erroneous. In pursuing an appeal, therefore, Ms. Parker “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, her appeal is not taken in good faith,
and for this reason her request for leave to proceed on appeal in forma pauperis, [Filing No. 131],
is DENIED.

Date: 6/12/2017

Distribution via US Mail:
BRENDA PARKER
1427 W. 86TH STREET
#609
INDIANAPOLIS, IN 46260
Mark Senesac
1900 Hart Street, Suite 37D
Dyer, IN 46311
Distribution via ECF only to all counsel of record

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