TAYLOR v. BROWN

Filing 28

ORDER denying 27 Motion for Leave to Appeal in forma pauperis. Signed by Judge Jane Magnus-Stinson on 6/15/2012. Copy via US Mail to petitioner. (cc: USCA re: CA #12-2276.) (TMA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
STEPHEN J. TAYLOR,
Petitioner,
vs.
SUPERINTENDENT
RICHARD BROWN,
Respondent.

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2:11-cv-296-JMS-DKL
CA #12-2276

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 [27] is denied.
IT IS SO ORDERED.
06/15/2012
Date: __________________
Distribution:
Stephen J. Taylor
180758
Wabash Valley Correctional Facility
6908 S. Old U.S. Highway 41
P.O. Box 1111
Carlisle, IN 47838
All Electronically Registered Counsel

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