POWELL v. HALL et al

Filing 222

ORDER denying 220 Motion for Leave to Appeal in forma pauperis. Signed by Judge Jane Magnus-Stinson on 4/10/2012. Copy via US Mail to Andre Powell. (cc: USCA re: CA #12-1667.) (TMA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
ANDRE POWELL,
Plaintiff,
vs.
STEPHEN HALL, et al.,
Defendants.

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2:09-cv-69-JMS-MJD
CA #12-1667

Entry Discussing Request to Proceed on Appeal In Forma Pauperis
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. Id. There is no objectively reasonable argument
which the plaintiff could present to argue that the disposition of this action was
erroneous–nor does his request for leave to proceed on appeal in forma pauperis even
suggest such an argument. In pursuing an appeal, 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).
Based on the foregoing, therefore, the plaintiff’s request for leave to proceed on
appeal in forma pauperis (dkt 220) is denied.
IT IS SO ORDERED.
04/10/2012
Date: __________________
_______________________________

Distribution:
Andre Vance Powell
951140
E.C.C.C.
86261 C.R. 26
Elkhart, IN 46517
All Electronically Registered Counsel

Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana