WALTON v. PERSON et al
ENTRY denying 57 Motion for Leave to Appeal in forma pauperis (USCA #17-03234). See entry for details. Signed by Judge Tanya Walton Pratt on 10/30/2017. (MEJ)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
DONALD L. WALTON, JR.,
DR. MICHAEL PERSON,
C.M.S. MEDICAL SERVICES agent of
Entry Discussing Request to Proceed on Appeal In Forma Pauperis
The plaintiff seeks leave to proceed on appeal without prepayment of the appellate fees of
$455.00. 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 the plaintiff could
present to argue that the disposition of this action was erroneous. In pursuing an appeal,
therefore, the plaintiff “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. , is denied.
IT IS SO ORDERED.
Electronically registered counsel
DONALD L. WALTON, JR., 104842
Pendleton Correctional Facility
Electronic Service Participant – Court Only
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