DRUMMOND v. SUPERINTENDENT

Filing 25

ENTRY 20 Motion for Leave to Appeal in forma pauperis is denied. See entry for details. Signed by Judge Tanya Walton Pratt on 10/27/2017. (Copy mailed to Petitioner) (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DAVID DRUMMOND,
Petitioner,
vs.
SUPERINTENDENT New Castle Correctional
Facility,
Respondent.

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No. 1:16-cv-02375-TWP-MPB

Entry
The petitioner David Drummond seeks leave to proceed on appeal without prepayment of
the appellate fees of $505.00. An appeal may not be taken in forma pauperis unless the trial
court certifies that the appeal is 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. At this time, there is no objectively reasonable
argument Drummond could present to argue that the disposition of his petition for writ of habeas
corpus was erroneous, nor does he present one. 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, Drummond’s appeal
is not made in good faith, and for this reason his request for leave to proceed on appeal in forma
pauperis, dkt. [20], is denied.
IT IS SO ORDERED.

Date: 10/27/2017

Electronic distribution to counsel of record via CM/ECF and by U.S. mail to:
DAVID DRUMMOND
114102
NEW CASTLE - CF
NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels
1000 Van Nuys Road
NEW CASTLE, IN 47362