Shepard v. Unknown

Filing 25

MEMORANDUM AND ORDER re: 21 MOTION for Leave to Appeal in forma pauperis filed by Plaintiff Jacob Taylor Shepard: IT IS HEREBY ORDERED that Plaintiff's motion for leave to proceed in forma pauperis on appeal Doc. 21 is DENIED. Signed by District Judge Matthew T. Schelp on 06/07/2021. (CMH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JACOB TAYLOR SHEPARD,
Plaintiff,
v.
CAPE GIRARDEAU COUNTY JAIL, et al.,
Defendants.

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No. 1:20 CV 186 MTS

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion to proceed in forma pauperis on
appeal. Doc. [21]. When this Court dismissed Plaintiff’s case, it certified in writing that an appeal
would not be taken in good faith. See 28 U.S.C. § 1915(a)(3) (providing that “[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”).
It is not apparent that Plaintiff now seeks appellate review of any issue that is not frivolous. See
Coppedge v. United States, 369 U.S. 438, 445 (1962) (explaining that “good faith” is “judged by
an objective standard,” and that it is “demonstrated when [plaintiff] seeks appellate review of any
issue not frivolous”). The Court will therefore deny the motion.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for leave to proceed in forma pauperis
on appeal Doc. [21] is DENIED.
Dated this 7th day of June, 2021.

MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE