Aldrich v. Young

Filing 32

Judge Douglas P. Woodlock: ORDER entered: Plaintiff's Motion for Leave to Proceed in forma pauperis (Docket No. 28) is DENIED for the reasons set forth in the Memorandum and Order (Docket No. 25). Although plaintiff has been permitted to procee d in forma pauperis in other cases filed in this Court and in the United States Court of Appeals for the First Circuit, this denial is based on my conclusion that any appeal of the dismissal of this action would not be taken in good faith. See Fed. R. App. P. 24(a)(3)(A). With respect to the Motion to Appoint Appellate Counsel (Docket No. 29), I lack authority to appoint appellate counsel, and therefore plaintiff's motion is DENIED without prejudice to renewing the motion in the First Circuit. (PSSA, 1)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ROBERT ALDRICH,
Plaintiff
v.
JUDGE WILLIAM G. YOUNG,
Defendant.

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C.A. No. 13-10466-DPW

ORDER
August 7, 2013
WOODLOCK, D.J.
On July 18, 2013, I issued a Memorandum and Order (Docket
No. 25) directing dismissal of this action for the reasons stated
therein.

Included in the Memorandum and Order was a

Certification that any appeal by Aldrich would not be taken in
good faith.
On July 31, 2013, plaintiff Robert Aldrich filed a Notice of
Appeal, along with a Motion for Leave to Proceed in forma
pauperis (Docket No. 28), and a Motion to Appoint Appellate
Counsel (Docket No. 29).1
Plaintiff’s Motion for Leave to Proceed in forma pauperis
(Docket No. 28) is DENIED for the reasons set forth in the
Memorandum and Order (Docket No. 25).

Although plaintiff has

been permitted to proceed in forma pauperis in other cases filed
in this Court and in the United States Court of Appeals for the

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Since this action had been removed from state court, no
inquiry into plaintiff’s indigency had been made in this case.

First Circuit (“First Circuit”), this denial is based on my
conclusion that any appeal of the dismissal of this action would
not be taken in good faith.

See Fed. R. App. P. 24(a)(3)(A).

With respect to the Motion to Appoint Appellate Counsel
(Docket No. 29), I lack authority to appoint appellate counsel,
and therefore plaintiff’s motion is DENIED without prejudice to
renewing the motion in the First Circuit.
The clerk shall transmit a copy of this Order to the First
Circuit Clerk’s Office forthwith.

SO ORDERED.

/s/ Douglas P. Woodlock
DOUGLAS P. WOODLOCK
UNITED STATES DISTRICT JUDGE

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