HOWARD v. SUPERINTENDENT

Filing 24

ORDER - 21 Motion for Leave to Appeal in forma pauperis (USCA #28:2254) is denied. See order for details. Signed by Judge Tanya Walton Pratt on 2/12/2018. (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
LANCE HOWARD,
Petitioner,
v.
SUPERINTENDENT,
Respondent.

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No. 1:17-cv-04239-TWP-MPB

Order Denying Motion to Proceed on Appeal In Forma Pauperis
The petitioner 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. At this time, there is no objectively reasonable argument the petitioner could
present to argue that the disposition of this motion was erroneous nor did the petitioner present
any arguments in his motion. In pursuing an appeal, therefore, the petitioner “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. [21], is denied.
IT IS SO ORDERED.
Date:

2/12/2018

Distribution:
LANCE HOWARD
250494
NEW CASTLE - CF
NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels
Electronic Service Participant
Court Use Only
Abigail Recker
INDIANA ATTORNEY GENERAL
[e-mail]