ALBRECHTSEN v. APPLE, INC.

Filing 25

Entry Denying Request to Proceed on Appeal In Forma Pauperis - 24 Motion for Leave to Appeal in forma pauperis (USCA #17-02780) is denied. See entry for details. Signed by Judge Tanya Walton Pratt on 9/19/2017. (Copy mailed to Plaintiff) (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MARK A. ALBRECHTSEN on behalf of
himself and a class of others similarly situated,
Plaintiff,
vs.
APPLE, INC. c/o CT Corporation System,
Registered Agent, 818 W 7th Street, Suite 930
Los Angeles, CA 90017,
Defendant.

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No. 1:17-cv-01664-TWP-TAB

Entry Denying 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 disposition of this action was erroneous. In fact, the plaintiff agreed with
the Court’s determination that it lacked subject matter jurisdiction.
To the extent the pro se plaintiff wishes to challenge the Court’s decision not to certify
the action as a class action, that too is not an objectively reasonable claim. 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. [24], is denied.

IT IS SO ORDERED.

Date: 9/19/2017

Distribution:
MARK A. ALBRECHTSEN
4752 Stardust Circle
Plainfield, IN 46168