Hall v. Lapeer County Medical Examiner's Office et al

Filing 8

ORDER DENYING 7 Application to Proceed In Forma Pauperis on appeal filed by Bruce J Hall Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BRUCE J. HALL,
Plaintiff,
v.

Case No. 12-11497

LAPEER COUNTY MEDICAL
EXAMINER’S OFFICE, et al.,
Defendants.
/
ORDER DENYING APPLICATION TO PROCEED
IN FORMA PAUPERIS ON APPEAL
On April 30, 2012, the court, after granting Plaintiff Bruce Hall’s application to
bring this suit without the prepayment of fees under 28 U.S.C. § 1915(a)(1), dismissed
his complaint under 28 U.S.C. § 1915(e)(2) for failing to state a claim upon which relief
may be granted. Plaintiff filed a timely notice of appeal and, on July 23, 2012, he filed a
an application to proceed in forma pauperis on that appeal.
A party given permission to proceed without prepayment of fees in the district
court normally does not need further authorization to proceed in forma pauperis on
appeal. Fed. R. App. P. 24(a)(3). However, this is not the case when the district court
certifies that an appeal is not taken in good faith. 28 U.S.C. § 1915(a)(3); Fed. R. App.
P. 24(a)(3)(A). For the reasons stated in the court’s opinion and order dismissing
Plaintiff’s complaint—namely, Plaintiff’s failure to allege any discernable legal claim that
is not barred by the statute of limitations—Plaintiff’s appeal of that order is frivolous and
not taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962)

(holding that good faith under § 1915(a) is demonstrated when party seeks appellate
review of any issue that is not frivolous). Therefore, the court has not extended him
permission to pursue his appeal without prepayment of fees.
Moreover, when a party to a district-court action desires to appeal in forma
pauperis, he must file a motion in the district court accompanied by an affidavit:
describing in detail his inability to pay; claiming an entitlement to redress; and stating
the issues that the party intends to present on appeal. Fed. R. App. P. 24(a)(1). As
Plaintiff’s application does not conform to these procedural requirements, the court sees
no reason to allow him to proceed on appeal without paying the requisite fees.
Accordingly,
IT IS ORDERED that Plaintiff’s application to proceed in forma pauperis on
appeal [Dkt. # 7] is DENIED. In accordance with Federal Rule of Appellate Procedure
24(a)(5), Plaintiff may file in the court of appeals a motion to proceed in forma pauperis
on appeal within thirty days after service of this order.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: August 13, 2012

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, August 13, 2012, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\12-11497.HALL.DenyIFPAppeal.set.wpd

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