BROOKS v. LAYTON et al
Filing
23
Entry denying 17 Motion for Leave to Appeal in forma pauperis (USCA #16-1921) - There is no objectively reasonable argument the plaintiff could present to argue that the dismissal of this action for lack of jurisdiction was erroneous. In pursui ng 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." L ee 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 17] is denied. Copy to Plaintiff via U.S. Mail Signed by Judge Tanya Walton Pratt on 4/28/2016. (JLS)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MARC JEFFREY BROOKS,
Plaintiff,
vs.
MIKOLAS LAYTON,
STEVEN PARKS Sgt.,
TWO OTHER OFFICERS,
Defendants.
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No. 1:16-cv-00171-TWP-MPB
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
$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 the plaintiff could present to argue that the
dismissal of this action for lack of jurisdiction 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 for this reason his request for leave to proceed on appeal in forma pauperis [dkt
17] is denied.
SO ORDERED.
Date: 4/28/2016
Distribution:
Marc Jeffrey Brooks
225-04 147th Ave
Queens, NY 11413
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