GOD v. INDIANA UNIVERSITY BLOOMINGTON, IN et al

Filing 25

Entry Discussing Request to Proceed on Appeal In Forma Pauperisand Motion For Leave to File Electronically - 20 Motion for Leave to Appeal in forma pauperis (USCA #17-03140) is denied. 21 Motion for Leave to File is denied. See entry for details. Signed by Judge Tanya Walton Pratt on 12/6/2017. (Copy mailed to Plaintiff) (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
GOD also known as MICHAEL H. WALLER,
Plaintiff,
vs.
INDIANA UNIVERSITY BLOOMINGTON,
IN,
LILLY LIBRARY,
Defendants.

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No. 1:17-cv-03028-TWP-MJD

Entry Discussing Request to Proceed on Appeal In Forma Pauperis
and Motion For Leave to File Electronically
This matter is before the Court on the Plaintiff’s Alternative Motion for Leave to Proceed
on Appeal in Forma Pauperis or Motion for Leave to Proceed on Appeal without the Prepayment
of the Filing Fee per Constitutional Right, dkt. [20]. Also pending is a Motion for Leave to File
Documents Electronically, dkt. [21]. For the reasons stated below, both motions are denied.
The Plaintiff filed this action on August 31, 2017 alleging that Defendants violated his
right to worship God by denying him the ability to read the original edition of the Book of
Mormon. See dkt. [1]. That same date, Plaintiff filed a motion for leave to proceed in forma
pauperis, which the court denied because plaintiff had failed to file an affidavit of income and
expenses, dkt. [6]. Thereafter, Plaintiff filed a notice of his intent to appeal the order issued at
docket 6.
Plaintiff now 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 has been no final judgment issued in this case. The plaintiff
has filed his notice of appeal in response to an Entry requiring him to either pay the filing fee or
qualify for in forma pauperis status. Dkt. 6. 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. [20], is denied.
The plaintiff’s motion for leave to file electronically, dkt. [21], is denied because the
plaintiff has not provided good cause for his request and the Court discerns no basis on which to
grant such a request.
IT IS SO ORDERED.

Date: 12/6/2017

Distribution:
GOD aka Michael H. Waller
3622 Galicia Road, Suite 102
Jacksonville, FL 32217