Domai v. Ahleen et al

Filing 46

MEMORANDUM DECISION AND ORDER denying 44 Motion for Leave to Appeal in forma pauperis. Signed by Judge David Nuffer on 6/8/18 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
GUY M. DOMAI,
Plaintiff,

MEMORANDUM DECISION AND
ORDER DENYING APPLICATION TO
PROCEED WITHOUT PREPAYING
FEES OR COSTS

v.
DAN AHLEEN, et al.,
Defendants.

Case No. 2:15-cv-00564-DN-BCW
District Judge David Nuffer

Plaintiff seeks leave to appeal in forma pauperis 1 the Memorandum Decision and Order
Adopting Report and Recommendation, 2 which dismissed his Amended Civil Rights
Complaint. 3
“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it
is not taken in good faith.” 4
Plaintiff’s appeal presents no substantial question for review, and there is no reasonable
basis for Plaintiff’s claims of alleged error. Plaintiff’s appeal is also untimely. Therefore, it is
certified that Plaintiff’s appeal is not taken in good faith.

1

Notice of Appeal, docket no. 42, filed June 4, 2018; Application to Proceed in District Court Without Prepaying
Fees or Costs (“Application”), docket no. 44, filed June 4, 2018.
2

Docket no. 39, filed May 2, 2018.

3

Docket no. 21, filed June 5, 2017.

4

28 U.S.C. § 1915(a)(3).

ORDER
IT IS HEREBY ORDERED that Plaintiff’s Application 5 is DENIED.
Signed June 8, 2018.
BY THE COURT

________________________________________
District Judge David Nuffer

5

Docket no. 44, filed June 4, 2018.

2