Lindell, Nathaniel v. Hamblin, Gary et al

Filing 16

ORDER Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp denied. Signed by District Judge William M. Conley on 2/12/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
NATHANIEL A. LINDELL,
Plaintiff,

ORDER
12-cv-646-wmc
App. No. 14-1295

v.

EDWARD F. WALL, eta/.,
Defendants.
State inmate Nathaniel A. Lindell filed a proposed civil action pursuant to 42
U.S.C. § 1983, lodging an assortment of claims against multiple defendants in
connection with the conditions of his confinement. On November 6, 2013, the court
issued an order striking that complaint and instructing Lindell to submit an amended
version setting forth a single claim or claims permissibly joined in compliance with Fed.
R. Civ. P. 18(a) and 20(a). When Lindell failed to comply within the time allowed, his

case was dismissed on January 7, 2014, for want of prosecution pursuant to Fed. R. Civ.
P. 4l(b).
Lindell has now filed a notice of appeal from the November 6, 2013 decision that
his claims were "improperly joined." Because he has not paid the $505.00 appellate
docketing fee, he presumably seeks leave to proceed in forma pauperis on appeal.
In determining whether a litigant is eligible to proceed in forma 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). See 28 U.S.C. § l 915(a)(3) ("An appeal
may not be taken in forma pauperis if the court certifies in writing that it is not taken in
good faith."). Because this case was dismissed pursuant to Fed. R. Civ. P. 4l(b), after

giving Lindell ample opportunity to correct obvious defects in his original pleading and
warning him that dismissal would result from his failure to do so, the court will not
certify that the appeal is taken in good faith. Accordingly, his implicit request for leave
to proceed in Jonna pauperis on appeal must be denied.
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. Plaintiff Nathaniel A. Lindell' s request for leave to proceed in Jonna 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), Wille 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 Jonna pauperis on appeal with the Clerk of Court, United States
Court of Appeals for the Seventh Circuit, within thirty (30) days of the date of
this order.
Entered this 12th day of February, 2014.
BY THE COURT:

Isl
WILLIAM M. CONLEY
District Judge

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