Lea v. United States Department of Agriculture - Office of Civil Rights et al

Filing 21

MEMORANDUM AND ORDER by Chief Judge Joseph H. McKinley, Jr on 10/31/2012; re 16 Notice of Appeal filed by Corey Lea. The Court certifies that the appeal is not taken in good faith. In order to proceed with an apepal the Plaintiff must either pay the appealate filing fee to the Clerk of District Court or file a motion to proceed on appeal in forma pauperis to the United States Court of Appeals, Sixth Circuit, within 30 days of service of this Order. Failure to pay the filing fee or file application to proceed IFP on appeal within (30) thirty days may result in dismissal of the appeal. cc:counsel, 6th Circuit Court of Appeals, Plaintiff, Defendants (PHB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT BOWLING GREEN

COREY LEA

PLAINTIFF/APPELLANT

v.

CIVIL ACTION NO. 1:12CV-52-M

UNITED STATES DEPARTMENT OF AGRICULTURE,
OFFICE OF CIVIL RIGHTS et al.

DEFENDANTS/APPELLEES

MEMORANDUM AND ORDER
Plaintiff Corey Lea filed a pro se notice of appeal (DN 16). He advises that he has been
granted pauper status by the district court.
Under Rule 24 of the Federal Rules of Appellate Procedure, a plaintiff may proceed on
appeal in forma pauperis without further authorization, unless “the district court--before or after
the notice of appeal is filed--certifies that the appeal is not taken in good faith or finds that the
party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for
the certification or finding.” Fed. R. App. P. 24(a)(3)(A).
Lea does not specify an order of this Court that he is challenging, and the last order
entered by the Court prior to his filing of the notice of appeal was in Plaintiff’s favor.1 Because
Plaintiff does not indicate that he is appealing any order, this Court CERTIFIES that an appeal
is not taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962) (holding
that “good faith” is demonstrated when a petitioner “seeks appellate review of any issue not
frivolous”).

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The Court granted Lea’s application to proceed without prepayment of fees in the
district-court action (DN 14).

Because the Court has certified that an appeal would not be taken in good faith, Lea, in
order to proceed with an appeal in this action, must either (1) pay the $455.00 appellate filing
fee in full to the Clerk of the District Court within 30 days of service of this Order; or (2)
file a motion to proceed on appeal in forma pauperis in the United States Court of Appeals
for the Sixth Circuit within 30 days of service of this Order in accordance with Fed. R.
App. P. 24(a)(5). See Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999).
Should Lea choose to pay the full $455.00 appellate filing fee rather than file a motion to
proceed on appeal in forma pauperis in the Court of Appeals, payment shall be made payable to
Clerk, U.S. District Court and mailed to or made in person at the following address:
United States District Court
Western District of Kentucky
106 Gene Snyder Courthouse
601 West Broadway
Louisville, Kentucky 40202
Failure either to pay the $455.00 filing fee or to file an application to proceed on appeal in forma
pauperis with the United States Court of Appeals for the Sixth Circuit within 30 days may result
in dismissal of the appeal. See Callihan, 178 F.3d at 804.
Date:

October 31, 2012

cc:

Plaintiff, pro se
Defendants
Clerk, Sixth Circuit Court of Appeals
4414.005

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