Jefferson v. The World Bank et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION FOR DISMISSAL, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS 5 . Signed by Judge James D. Todd on 4/8/15. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
SAMUEL JEFFERSON,
Plaintiff,
VS.
THE WORLD BANK, ET AL.,
Defendants.

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No. 15-2176-JDT-dkv

ORDER ADOPTING REPORT AND RECOMMENDATION FOR DISMISSAL,
CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH
AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS

Plaintiff Samuel Jefferson, a resident of Memphis, Tennessee, filed a pro se civil
complaint on March 13, 2015, along with a motion for leave to proceed in forma pauperis.
(ECF Nos. 1 & 2.) United States Magistrate Judge Diane K. Vescovo subsequently granted
leave to proceed in forma pauperis. (ECF No. 4.) On March 18, 2015, Magistrate Judge
Vescovo issued a Report and Recommendation (“R&R”) in which she recommended that the
case be dismissed sua sponte pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). (ECF No. 5.)
Objections to the R&R were due within 14 days, on or before April 6, 2015. See Fed. R. Civ.
P. 72(b)(2); see also Fed. R. Civ. P. 6(a)(1)(C), (d). However, Plaintiff has filed no
objections.
Plaintiff alleges in his complaint that the World Bank, its CEOs and shareholders,
Iran, Asia Minor, Asia and Kofi Annan have conspired to assassinate him and to have him

assaulted by forcing him to smoke crack cocaine and forcibly injecting him with unknown
drugs. Magistrate Judge Vescovo found these allegations to be “clearly baseless,” “fanciful,”
“fantastic,” or “delusional,” thus warranting sua sponte dismissal as frivolous. The Court
agrees with that recommendation and finds it unnecessary to issue a more detailed written
opinion. Therefore, the Court ADOPTS the R&R and hereby DISMISSES this case as
frivolous, pursuant to § 1915(e)(2)(B)(i).
The Court must also consider whether Plaintiff should be allowed to appeal this
decision in forma pauperis, should he seek to do so. Pursuant to the Federal Rules of
Appellate Procedure, a non-prisoner 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. It would be inconsistent for a court
to determine that a complaint should be dismissed prior to service on the defendants, but has
sufficient merit to support an appeal in forma pauperis. See Williams v. Kullman, 722 F.2d
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1048, 1050 n.1 (2d Cir. 1983). The same considerations that lead the Court to dismiss this
case as frivolous also compel the conclusion that an appeal would not be taken in good faith.
It is CERTIFIED, pursuant to Fed. R. App. P. 24(a), that any appeal in this matter by
Plaintiff is not taken in good faith. Leave to proceed on appeal in forma pauperis is,
therefore, DENIED. Accordingly, if Plaintiff files a notice of appeal, he must also pay the
full $505 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 prepare a judgment.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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Pursuant to Fed. R. App. P. 3(a), any notice of appeal should be filed in this Court. A
motion to appeal in forma pauperis then should be filed directly in the United States Court of
Appeals for the Sixth Circuit. Unless he is specifically instructed to do so, Plaintiff should not
send to this Court copies of documents and motions intended for filing in the Sixth Circuit.
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