GREEN v. BASINGER

Filing 42

ORDER denying 37 Motion for Leave to Appeal in forma pauperis. Signed by Judge Jane Magnus-Stinson on 8/20/2012. Copy via US Mail to Green. (cc: USCA re: CA #12-2825.) (TMA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
RUBEN GREEN,
Petitioner,

v.

RICHARD BROWN,
Respondent.

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No. 2:11-cv-094-JMS-WGH
CA #12-2825

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 [37] is denied.
IT IS SO ORDERED.

08/20/2012
Date: __________________
Distribution:
Ruben Green
DOC #160642
Wabash Valley Correctional Facility
6908 S. Old U.S. Highway 41
P.O. Box 1111
Carlisle, IN 47838-1111
[e-mail]

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