WINBUSH, JR v. JULIAN
Filing
22
ORDER - denying 21 Motion for Leave to Appeal in forma pauperis (USCA #1703418). Signed by Judge Tanya Walton Pratt on 1/31/2018. Copy Mailed. (CKM)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JAMES R. WINBUSH, JR,
Petitioner,
vs.
S. JULIAN Warden,
Respondent.
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No. 1:17-cv-00581-TWP-MJD
Entry Discussing Request to Proceed on Appeal In Forma Pauperis
The petitioner 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 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 for
this reason his request for leave to proceed on appeal in forma pauperis, dkt. [21], is denied.
IT IS SO ORDERED.
Date: 1/31/2018
Electronic distribution to all electronically registered counsel via CM/ECF and by U.S. mail to:
JAMES R. WINBUSH, JR
08322-027
MCCREARY - USP
MCCREARY U.S. PENITENTIARY
Inmate Mail/Parcels
P.O. BOX 3000
PINE KNOT, KY 42635
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