ANDERSON v. INDIANA DEPARTMENT OF CORRECTION et al

Filing 16

Entry Discussing Request to Proceed on Appeal In Forma Pauperis - 15 Motion for Leave to Appeal in forma pauperis (USCA #17-02512) is denied. See entry for details. Signed by Judge Tanya Walton Pratt on 8/9/2017. (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
NATHAN ANDERSON,
Plaintiff,
vs.
INDIANA DEPARTMENT OF
CORRECTION, BRUCE LEMON
Commissioner of Indiana Department of
Correction, INDIANA STATE PRISON,
BRUCE WILSON Superintendent, Indiana
State Prison, COLLINS Correctional Officer,
LACOURSE Correctional Officer,
CORRECTIONAL MEDICAL SERVICES
INC, JOSEPH THOMPSON MD,
Defendants.

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No. 1:17-cv-01799-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
disposition of this action was erroneous. No final judgment was entered in this action. Instead, this
action was transferred to the Northern District of Indiana for resolution after screening pursuant to
28 U.S.C. § 1915A. 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 [15], is denied.
IT IS SO ORDERED.

Date: 8/9/2017
Distribution:
NATHAN ANDERSON
219213
PENDLETON – CF
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