Hudson v. Potter

Filing 58

ORDER denying plaintiff leave to proceed in forma pauperis on appeal; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, jal)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROBERT HUDSON,
Plaintiff,

Case No. 1:10-cv-00701

v.

Honorable Ellen S. Carmody

JOHN E. POTTER,
Defendant.
____________________________________/
ORDER
This is a civil rights action brought under 42 U.S.C. § 2000e. Plaintiff’s action was
dismissed by the Court on December 14, 2011. Plaintiff has appealed this determination and seeks
leave to proceed in forma pauperis on appeal. This Court is required to certify under 28 U.S.C. §
1915(a)(3) whether an appeal would be taken in good faith. McGore v. Wrigglesworth, 114 F.3d
601, 611 (6th Cir. 1997). For the same reasons that the Court dismissed the action, the Court also
certifies under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. Under federal
law, “[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.” 28 U.S.C. § 1915(a)(3). Accordingly, Plaintiff’s motions to proceed as a
pauper, (dkt. ## 54, 57), are denied.

Date: January 17, 2013

/s/ Ellen S. Carmody
ELLEN S. CARMODY
United States Magistrate Judge