NEAL v. OLIVER
Filing
57
ORDER denying 54 Motion for Leave to Appeal in forma pauperis. Signed by Judge Jane Magnus-Stinson on 8/5/2013. Copy via US Mail to Petitioner. (cc: USCA re: CA #13-2598.) (TMA)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
ROBERT DAVID NEAL,
Petitioner,
vs.
JOHN C. OLIVER,
Respondent.
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2:12-cv-193-JMS-WGH
CA #13-2598
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. 54] is denied.
IT IS SO ORDERED.
08/05/2013
Date: __________________
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
Distribution:
Robert David Neal
#15151-180
Terre Haute USP
P.O. Box 33
Terre Haute, IN 47808
Gerald.coraz@usdoj.gov
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