Sabeerin et al v. Albuquerque Police Department et al

Filing 203

ORDER by District Judge Judith C. Herrera denying 201 Motion for Leave to Appeal in forma pauperis. (baw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BOBACK SABEERIN and S.S.,
Plaintiffs,
v.

No. 1:16-cv-00497-JCH-LF

ALBUQUERQUE POLICE DEPARTMENT, et al.,
Defendants.
ORDER DENYING MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS
THIS MATTER comes before the Court on Plaintiff Boback Sabeerin's ("Plaintiff")
Motion for Leave to Proceed on Appeal Without Prepayment of Costs or Fees, Doc. 201, filed
May 3, 2021 ("Motion").
“In order to succeed on [a motion for leave to proceed on appeal without prepayment of
costs or fees], an appellant must show a financial inability to pay the required filing fees and the
existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised
on appeal.” DeBardeleben v. Quinlan, 937 F.2d 502, 505 (10th Cir. 1991). “An 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). “The Supreme Court has held that good faith is to be judged by an
objective standard, for review of any issue ‘not frivolous.’” Spearman v. Collins, 500 Fed.Appx.
742, 743 (10th Cir. 2012) (citing Coppedge v. United States, 369 U.S. 438, 445 (1962). “An appeal
is frivolous when the result is obvious, or the appellant’s arguments of error are wholly without
merit.” Id.; see also Thompson v. Gibson, 289 F.3d 1218, 1222 (10th Cir. 2002) (“an appeal is
frivolous if it lacks an arguable basis in either law or fact”).

Plaintiff has shown a financial inability to pay the required filing fees but has not shown
the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues
raised on appeal. Where the form "Motion for Leave to Proceed on Appeal Without Prepayment
of Costs or Fees" prompts a party to state their issues on appeal, Plaintiff states:
I am appealing the court[']s final judgment Docket 197 with regaurd [sic] to
defendants['] entitlement to Qualified immunity[,] Defendants['] Violation of my
Constitutional Rights, illegal Search and Siezure [sic], false arrest, false
imprisonment.
Motion at 2. Plaintiff's Notice of Appeal states in its entirety: "Notice is hereby given that the
above named case is being appealed on the final judgment made by this Court." Doc. 198 at 1,
filed April 30, 2021. The Court concludes that Plaintiff's appeal is not taken in good faith and that
his request for leave to appeal in forma pauperis must be denied because he has not identified "the
existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised
on appeal." DeBardeleben, 937 F.2d at 505.
IT IS ORDERED that Plaintiff Boback Sabeerin's Motion for Leave to Proceed on Appeal
Without Prepayment of Costs or Fees, Doc. 201, filed May 3, 2021 is DENIED.
THE COURT CERTIFIES that Plaintiff’s appeal is not taken in good faith.

_______________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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