FORGEY v. SUPERINTENDENT

Filing 39

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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MATTHEW HERBERT FORGEY, Petitioner, v. WARDEN, Plainfield Correctional Facility, Respondent. ) ) ) ) ) ) ) ) ) No. 1:17-cv-03029-TWP-MPB 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. [37], is denied. IT IS SO ORDERED. Date: 2/14/2018 Distribution: Matthew Herbert Forgey 175408 Plainfield Correctional Facility Electronic Service Participant – Court Only Electronically Registered Counsel

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