HARRIS v. OLIVER

Filing 23

ORDER denying 20 Motion for Leave to Appeal in forma pauperis. Signed by Judge Jane Magnus-Stinson on 8/29/2013 (copy sent to William Oscar Harris)(copy sent to COA via e-mail) (CBU)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION

WILLIAM OSCAR HARRIS,
Petitioner,
v.
JOHN C. OLIVER,
Respondent.

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Case No. 2:13-cv-043-JMS-WGH

Entry Discussing Request to Proceed on Appeal In Forma Pauperis
The petitioner has filed a notice of appeal of the order denying his ex parte motion to stay
proceedings to arbitrate. 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
ruling in the order denying the motion to stay 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. 20] is denied.
IT IS SO ORDERED.
_______________________________

08/29/2013
Date: _________________

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

Distribution:
William Oscar Harris
#40743-050
Terre Haute FCI
Inmate Mail/Parcels
P.O. Box 33
Terre Haute, IN 47808
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