EDWARDS v. SHEPHARD

Filing 14

ORDER denying 12 , 13 Motion for Leave to Appeal in forma pauperis. Signed by Judge Jane Magnus-Stinson on 9/22/2011. (copy to Plaintiff via U.S. mail) (NKD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

ROBERT LEE EDWARDS,
Plaintiff,
vs.
DR. SHEPHARD,
Defendant.

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2:11-cv-175-JMS-WGH

Entry Discussing Request to Proceed on Appeal In Forma Pauperis
The plaintiff 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 plaintiff could present to argue that the disposition
of this action was erroneous. In pursuing an appeal, therefore, 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). Accordingly, his
appeal is not taken in good faith, and for this reason his requests for leave to proceed
on appeal in forma pauperis [12, 13] are denied.
IT IS SO ORDERED.

09/22/2011
Date: __________________
Distribution:
Robert Lee Edwards
1348 East Hyde Park Blvd.
Chicago, IL 60615

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