Jacobs v. Collins et al

Filing 27

ORDER DENYING Plaintiff's application for leave to appeal in forma pauperis. Signed by Judge Algenon L. Marbley on 3/1/2010. (cw)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Phillip Douglas Jacobs, Plaintiff v. Terry J. Collins, et al., Defendants

: : : : : ORDER Civil Action 2:09-cv-00282 Judge Marbley Magistrate Judge Abel

Plaintiff Jacobs, a prisoner incarcerated at the Marion Correctional Institution, brings this action under 42 U.S.C. § 1983 alleging that defendants have interfered with his legal mail. On October 7, 2009, plaintiff filed a notice of appeal from the Court's September 21, 2009 Order dismissing the case because Jacobs had failed to pay the Court's $350 filing fee. On July 16, 2009, the Court denied Jacobs' motion to proceed in forma pauperis because he was barred by 28 U.S.C. § 1915(g) from proceeding without prepayment of fees and costs. This matter is before the Court on plaintiff's application to proceed in forma pauperis on appeal. Because plaintiff Jacobs is barred by 28 U.S.C. § 1915(g) from proceeding without prepayment of fees and costs, the application to proceed in forma pauperis on appeal is DENIED. The Court certifies that there is no arguable factual or legal basis for plaintiff's appeal of the order denying him leave to proceed in forma pauperis and the order

dismissing the lawsuit because he failed to pay the $350 filing fee, that this appeal is frivolous, and that his appeal is not taken in good faith. 28 U.S.C. §1915(a)(3). Accordingly, the application for leave to appeal in forma pauperis is DENIED.

s/Algenon L. Marbley Algenon L. Marbley, Judge United States District Court

2