Bracken v. State of Missouri et al

Filing 11

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion for leave to proceed in forma pauperis on appeal [ECF No. 9 ] is DENIED. IT IS FURTHER ORDERED that plaintiffs motion for transcripts [ECF No. 10 ] is DENIED. Signed by District Judge Jean C. Hamilton on 3/22/17. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GARVESTER BRACKEN,
Plaintiff,
v.
STATE OF MISSOURI, et al.,
Defendants,

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No. 4:16-CV-1802 NCC

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for leave to proceed in
forma pauperis on appeal and motion for transcripts. Both motions are denied.
When the Court dismissed this action, it certified that an appeal would not
be taken in good faith. Therefore, plaintiff may not proceed in forma pauperis
unless authorized to do so by the Court of Appeals.
Plaintiff is not entitled to free transcripts unless he has demonstrated “that
the appeal is not frivolous (but presents a substantial question).”
§ 753(f).

28 U.S.C.

Plaintiff has neither filed a non-frivolous appeal nor submitted a

substantial question to the Court. As a result, the motion is denied.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in
forma pauperis on appeal [ECF No. 9] is DENIED.

IT IS FURTHER ORDERED that plaintiff’s motion for transcripts [ECF
No. 10] is DENIED.
Dated this 22nd

day of March, 2017.

\s\ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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