Spencer, Jr. v. Obama et al

Filing 21

Judge Nathaniel M. Gorton: ORDER entered denying 18 Motion for Leave to Appeal in forma pauperis (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

BARRY H. SPENCER, JR.,
Petitioner,
v.
BARACK H. OBAMA, et al.,
Respondents.

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Civil Action No.
11-10591-NMG
App. No. 11-1695

MEMORANDUM AND ORDER
GORTON, J.
Before the Court is the motion of petitioner/appellant Barry
H. Spencer, Jr. for leave to appeal in forma pauperis.
Under the federal in forma pauperis statute, “[a]n appeal
may not be taken in forma pauperis if the trial court certifies
in writing that it is not taken in good faith.”
§ 1915(a)(3).

28 U.S.C.

Regardless of any subjective good faith on the

part of the appellant, “good faith” within the meaning of 28
U.S.C. § 1915(a)(3) is only demonstrated when a litigant seeks
“appellate review of any issue not frivolous.”
United States, 369 U.S. 438, 445 (1962).

Coppedge v.

An issue is frivolous

if “no reasonable person could suppose [it] to have any merit.”
Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000).
Here, Spencer’s appeal of the dismissal of his action is not
taken in objective good faith.

As the Court explained in its

April 27, 2011 memorandum and order denying the five petitions
that Spencer had filed, his filings were confusing and did not

set forth a cognizable basis for habeas release.

For example, he

repeatedly referred to the “Admiralty Jurisdiction” of this
Court.

He sought to remove state criminal proceedings to this

Court.

Spencer asked for the arrest of thirty-two “juristic

persons or vessels.”

In the absence of any subjective good faith

on the part of Spencer, the Court cannot discern any nonfrivolous issue for appellate review.
Accordingly, the Court denies the motion (# 18) for leave to
appeal in forma pauperis.1

The Clerk shall transmit a copy of

this Order to the United States Court of Appeals for the First
Circuit.
So ordered.
/s/ Nathaniel M. Gorton
Nathaniel M. Gorton
United States District Judge
Dated: 9/27/11

1

Under the Federal Rules of Civil Procedure, Spencer may
again seek leave to appeal in forma pauperis by filing the
appropriate motion with the United States Court of Appeals for
the First Circuit. See Fed. R. App. P. 24(a)(5) (“A party may
file a motion to proceed on appeal in forma pauperis in the court
of appeals within 30 days after service of the notice prescribed
in Rule 24(a)(4). The motion must include a copy of the
affidavit filed in the district court and the district court's
statement of reasons for its action. If no affidavit was filed
in the district court, the party must include the affidavit
prescribed by Rule 24(a)(1).”).

2