Rieckhoff, Ronald v. Pugh, Jeffrey

Filing 75

ORDER Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp denied. Signed by District Judge William M. Conley on 4/30/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RONALD F. RIECKHOFF,
ORDER

Petitioner,
v.

ll-cv-803-wmc
JEFFREY PUGH,
Respondent.
RONALD F. RIECKHOFF,
Plaintiff,

ORDER

v.

12-cv-90-wmc
SHIRLEY ABRAHAMSON, et al.,
Defendants.

On January 11, 2013, this court dismissed the above-referenced cases filed by
state inmate Ronald F. Rieckhoff.

Both cases featured allegations that Rieckhoff's

incarceration was the result of a corrupt conspiracy by an organized-crime family known
as "La Cosa Nostra," whose membership in Rieckhoff's view includes Wisconsin Supreme
Court Chief Justice Shirley Abrahamson and other, random individuals. On February 13,
2013, the court denied Rieckhoff's motion for reconsideration under Fed. R. Civ. P.
59(e). On April 5, 2013, the court denied Rieckhoff's motion for reconsideration under
Fed. R. Civ. P. 60(b). Rieckhoff has now filed a notice of appeal in each of the abovereferenced cases.

Rieckhoff has not paid the appellate docketing fee.

appears to request leave to proceed in forma pauperis on appeal.
denied.

Therefore, he

That request will be

In determining whether a litigant is eligible to proceed in fonna pauperis on appeal,
the court must find that he is indigent and, in addition, that the appeal is taken in good
faith for purposes of Fed. R. App. P. 24(a)(3). Assuming that Rieckhoff is indigent, the
court cannot certify that the appeal is taken in good faith. In that respect, the United
States Court of Appeals for the Seventh Circuit has instructed district courts to find bad
faith where a plaintiff is appealing claims that have been dismissed as frivolous. See Lee v.

Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000).

To the extent that Rieckhoff is

attempting to raise on appeal the same legally frivolous claims he raised in the abovereferenced cases, the court certifies that the appeal is not taken in good faith for purposes
of Fed. R. App. P. 24(a)(3). Accordingly, the court will not grant leave to proceed in

fonna pauperis on appeal.

ORDER
IT IS ORDERED that:
1. The court CERTIFIES that the appeal is not taken in good faith for purposes

of Fed. R. App. P. 24(a)(3).
2. Ronald F. Rieckhoff's request for leave to proceed in fonna pauperis on appeal is
DENIED.
3. Although this court has certified that the appeal is not taken in good faith
under Fed. R. App. P. 24(a)(3), Rieckhoff is advised that he may challenge this
finding pursuant to Fed. R. App. P. 24(a)(5), by filing a separate motion to
proceed in fonna pauperis on appeal with the Clerk of Court, United States
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Court of Appeals for the Seventh Circuit, within thirty (30) days of the date of
this order.
Entered this ~th day of April, 2013.

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