Filing 25

ORDER denying petitioner's 22 Motion for Leave to Appeal in forma pauperis. Signed by Judge William T. Lawrence on 7/26/2010. cm (NKD)

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McQUISTON v. LAPPIN et al Doc. 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA DALE CONRAD McQUISTON, Petitioner, v. WARDEN H.J. MARBERRY, Respondent. ) ) ) ) ) ) ) ) No. 2:10-cv-37-WTL-DML Entry Discussing Request to Proceed on Appeal In Forma Pauperis The petitioner seeks leave to proceed on appeal without prepayment of the appellate fees of $455.00. 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 is no objectively reasonable argument the petitioner could present to argue that the disposition of this action was erroneous. 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 22) is denied. IT IS SO ORDERED. Date: 07/26/2010 _______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana Distribution: Gerald A. Coraz UNITED STATES ATTORNEY'S OFFICE Dale Conrad McQuiston No. 11697-076 Federal Correctional Institution Inmate Mail/Parcels P.O. Box 33 Terre Haute, IN 47808

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