Braden v. Tennessee Department of Corrections

Filing 23

ORDER CERTIFYING THE APPEAL IS NOT TAKEN IN GOOD FAITH AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS. Signed by Judge James D. Todd on 2/14/17. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
DERRICK RANARD BRADEN,
Plaintiff,
VS.
DERRICK SCHOFIELD, ET AL.,
Defendants.

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No. 16-2358-JDT-tmp

ORDER CERTIFYING THE APPEAL IS NOT TAKEN IN GOOD FAITH
AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS

On February 10, 2017, the pro se prisoner Plaintiff, Derrick Ranard Braden, filed another
ambiguous document which the Clerk construed as a third notice of appeal in this case. (ECF No.
21.) It appears Plaintiff may be attempting to appeal the Court’s order of January 20, 2017 (ECF
No. 20), denying his motion to make bi-weekly payments toward the filing fee as unnecessary. The
Court of Appeals docketed the appeal on February 14, 2017. See Braden v. Schofield, No. 17-5172
(6th Cir.).
As this Court suggested in the order regarding Plaintiff’s second notice of appeal in this case
(ECF No. 18 at 2), it is not certain that Plaintiff realizes the additional “appeal requests” that he is
filing are being treated as separate appeals in this case. In any event, the Court CERTIFIES that this
third appeal is also frivolous and not taken in good faith; therefore, leave to appeal in forma pauperis
is DENIED. If Plaintiff wishes to pursue this appeal, he must file a motion to proceed in forma
pauperis in the Court of Appeals.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE