COBBS v. BROWN

Filing 30

Entry Concerning Selected Matters - The petitioner's request for the appointment of counsel 27 is denied because (a) it has been filed in the wrong forum, and (b) there is no supportable reason to appoint counsel to aid in a frivolous appeal. Signed by Judge Jane Magnus-Stinson on 10/26/2011.(copy to petitioner via us mail) (VS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

ANTHONY COBBS,
Petitioner,
v.
R BROWN,
Respondent.

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No. 2:11-cv-122-JMS-DKL

Entry Concerning Selected Matters
The court, having considered the above action and the matters which are pending,
makes the following rulings:
1.
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 [27] is denied.
2.
The petitioner’s request for the appointment of counsel [27] is denied
because (a) it has been filed in the wrong forum, and (b) there is no supportable reason to
appoint counsel to aid in a frivolous appeal.
IT IS SO ORDERED.

Date:

10/26/2011
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Anthony Cobbs
DOC #956172
Wabash Valley Correctional Facility
6908 S. Old U.S. Highway 41
P.O. Box 500
Carlisle, IN 47838
[e-mail]