Flynn v. U.S. Equal Employment Opportunity Commission Memphis District Office et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND CERTIFYING THAT AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH 6 . Signed by Judge James D. Todd on 1/7/2015. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
KATHERINE FLYNN,
Plaintiff,
VS.
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION, et al.,
Defendant.

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No. 14-2939-JDT-tmp

ORDER ADOPTING REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
AND
CERTIFYING THAT AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH

On December 16, 2014, Magistrate Tu M. Pham issued a report and recommendation
on the pro se complaint that was filed in this matter [DE# 6]. Magistrate Judge Pham has
recommended the sua sponte dismissal of the complaint pursuant to 28 U.S.C. §
1915(e)(2)(B) (ii) for failure to state a claim on which relief may be granted. No timely
objections have been filed. Magistrate Judge Pham’s report and recommendation is
ADOPTED in its entirety, and this matter is hereby DISMISSED.
The court must also consider whether Plaintiff should be allowed to appeal this
decision in forma pauperis. Pursuant to the Federal Rules of Appellate Procedure, a nonprisoner desiring to proceed on appeal in forma pauperis must obtain pauper status under
Fed. R. App. P. 24(a). See Callihan v. Schneider, 178 F.3d 800, 803-04 (6th Cir. 1999).
Rule 24(a)(3) provides that if a party was permitted to proceed in forma pauperis in the

district court, he may also proceed on appeal in forma pauperis without further authorization
unless the district court “certifies that the appeal is not taken in good faith or finds that the
party is not otherwise entitled to proceed in forma pauperis.” If the district court denies
pauper status, the party may file a motion to proceed in forma pauperis in the Court of
Appeals. Fed. R. App. P. 24(a)(4)-(5).
The good faith standard is an objective one. Coppedge v. United States, 369 U.S. 438,
445 (1962). The test for whether an appeal is taken in good faith is whether the litigant seeks
appellate review of any issue that is not frivolous. Id The same considerations that lead the
court to dismiss this case also compel the conclusion that an appeal is not be taken in good
faith.
It is CERTIFIED, pursuant to Fed. R. App. P. 24(a), that an appeal in this matter by
Plaintiff is not taken in good faith. Leave to proceed on appeal in forma pauperis is,
therefore, DENIED. Accordingly, Plaintiff must pay the full appellate filing fee or file a
motion to proceed in forma pauperis and supporting affidavit in the Sixth Circuit Court of
Appeals within thirty (30) days.1
The clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.

s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE
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Unless she is specifically instructed to do so, Plaintiff should not send to this court copies of motions
intended for filing in the Sixth Circuit.

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