FORGEY v. SUPERINTENDENT
ENTRY - 37 Motion for Leave to Appeal in forma pauperis (USCA #18-01190) is denied. See entry for details. Signed by Judge Tanya Walton Pratt on 2/14/2018. (MEJ)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
MATTHEW HERBERT FORGEY,
WARDEN, Plainfield Correctional Facility,
Entry Denying Motion for Leave to Appeal In Forma Pauperis
This state habeas corpus prison disciplinary action was dismissed after the State of Indiana
vacated the disciplinary sanction it had imposed against petitioner Matthew Forgey and sent the
matter back to the prison hearing officer for a rehearing. Mr. Forgey is appealing the dismissal of
this action, and he seeks in forma pauperis for the appeal so that he may proceed without
prepayment of the $505.00 appellate filing fee.
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 Mr. Forgey could present to argue that the
disposition of this action was erroneous. In pursuing an appeal, therefore, Mr. Forgey “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, because Mr. Forgey’s appeal is not taken in good faith, and for this reason
his request for leave to proceed on appeal in forma pauperis, dkt. , is denied.
IT IS SO ORDERED.
Matthew Herbert Forgey
Plainfield Correctional Facility
Electronic Service Participant – Court Only
Electronically Registered Counsel
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