RICHMAN, ROBERT D. v. U.S. DEPT. OF JUSTICE

Filing 76

Order Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp denied. Signed by Chief Judge Barbara B. Crabb on 12/17/2009. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------R O BER T D. RICHMAN, ORDER Plaintiff, 9 0 - cv -1 9 - b b c v. U N IT ED STATES DEPARTMENT OF JUSTICE, D efendan t. --------------------------------------------In a November 12, 2009 order, I denied plaintiff Robert Richman's motion to en fo rce the March 2, 1994 judgment in this Freedom of Information Act case because he asked for more relief than he was granted in the judgment and because the additional relief h e sought is barred by the doctrine of laches. Now before the court is plaintiff's notice of appeal and a request for leave to proceed in forma pauperis on appeal. Because plaintiff has no t paid the $455 fee for filing a notice of appeal, I construe the notice as including a requ est for leave to proceed in forma pauperis on appeal. That request will be denied b ecau se I am certifying that his appeal is not taken in good faith. In Lucien v. Roegner, 682 F.2d 625, 626 (7th Cir. 1982), the court of appeals instructed district courts to find bad

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faith where a plaintiff is appealing the same claims the court found to be without legal merit in denying plaintiff leave to proceed on his complaint. Lee v. Clinton, 209 F.3d 1025, 1027 (7th Cir. 2000). Plaintiff is trying to appeal the same claims I have found to lack legal merit. W ith no legally meritorious basis for plaintiff's appeal, I must certify that the appeal is not taken in good faith. Because I am certifying plaintiff's appeal as not having been taken in good faith, plaintiff cannot proceed with his appeal without prepaying the $455 filing fee unless the court of appeals gives him permission to do so. Pursuant to Fed. R. App. P. 24, plaintiff has 30 days from the date of this order in which to ask the court of appeals to review this court's denial of leave to proceed in forma pauperis on appeal. His motion must be accompanied by an affidavit as described in the first paragraph of Fed. R. App. P. 24(a), including a statem ent of issues that plaintiff intends to present on appeal. Also, plaintiff's motion must b e accompanied by a copy of this order. Plaintiff should be aware that these documents shou ld be filed in addition to the notice of appeal he has previously filed. If plaintiff does no t file a motion requesting review of this order, the court of appeals may not address this cour t's denial of leave to proceed in forma pauperis on appeal. Instead, it will require plaintiff to pay the entire $455 filing fee before it considers his appeal. If plaintiff fails to pay the fee within the deadline set, it is possible that the court of appeals will dismiss the a p p e a l.

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OR DER I T IS ORDERED that plaintiff's request for leave to proceed in forma pauperis on appeal, dkt. #73, is DENIED. I certify that plaintiff's appeal is not taken in good faith. The clerk of court is directed to insure that plaintiff's obligation to pay the $455 fee for filing his app eal is reflected in the court's financial record. Entered this 17t h day of December, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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