Newman v. Rader et al

Filing 28

RULING denying 26 MOTION for Leave to Appeal in forma pauperis filed by John C Newman. Signed by Judge Frank J. Polozola on 11/18/09. (LSM, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JOHN C. NEWMAN VERSUS WARDEN STEVE RADER, ET AL RULING The Court has considered the petitioner's application for leave to proceed in forma pauperis on appeal (R. Doc. 26), the certified trust fund account statement or institutional equivalent, and all consents and other documents required by the agency having custody of the appeal to withdraw funds from the account. The Court finds that the application for leave to proceed in forma pauperis should be denied because, pursuant to 28 U.S.C. §1915(a)(3) and Fed. R. App. P. 24(a)(3), for the reasons set forth in the Magistrate Judge's report, the Court certifies that the appeal is not taken in good faith. Accordingly; IT IS ORDERED that the petitioner's application for leave to proceed in forma pauperis on appeal (R. Doc. 26) is hereby DENIED. Baton Rouge, Louisiana, November 18, 2009. NO. 08-734-B-M2 CIVIL ACTION

S FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA