Scott, Michael et al v. G.B.C.I., et al

Filing 61

ORDER that Plaintiff Michael Scott's request for leave to proceed in forma pauperis on appeal, dkt. 59 , is DENIED. Plaintiff has struck out under 28 U.S.C. § 1915(g), and his appeal is not taken in good faith. Plaintiff's motion requesting free transcripts, dkt. 58 , is DENIED. The clerk of court is requested to insure that plaintiff's obligation to pay the $505is reflected in this court's financial records. Signed by District Judge Barbara B. Crabb on 9/25/2019. (rks),(ps) Corrected signature date on 9/26/2019 (rks).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MICHAEL SCOTT,
ORDER
Plaintiff,
18-cv-68-bbc
App. No. 19-2578
v.
J. PERTTU,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On July 25, 2019, I entered an order granting defendant’s motion for summary
judgment and closing this case. Dkt. #49. Judgment was entered on that same day. Dkt.
#50. Now plaintiff Michael Scott has filed a notice of appeal and requests leave to proceed
in forma pauperis on appeal. Dkts. ##53 and 59. He also requests to have transcripts
prepared free-of-cost by a court reporter. Dkt. #58.
Plaintiff’s request for leave to proceed in forma pauperis on appeal is governed by the
1996 Prison Litigation Reform Act. Under 28 U.S.C. § 1915, a district court may deny a
request for leave to proceed in forma pauperis for one or more of the following reasons: the
litigant has not established indigence, the appeal is not taken in good faith, or the litigant
is a prisoner and has three strikes under 28 U.S.C. § 1915(g) and has not shown that he is
in imminent danger. 28 U.S.C. § 1915(a)(1),(3) and (g); Sperow v. Melvin, 153 F.3d 780,
781 (7th Cir. 1998). In this instance, I will deny plaintiff’s request because he has three
strikes under § 1915(g) and he has not shown that he is in imminent danger.

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In addition, plaintiff’s appeal is not taken in good faith. “Good faith” means that “a
reasonable person could suppose that the appeal has some merit.” Walker v. O’Brien, 216
F.3d 626, 632 (7th Cir. 2000). Plaintiff submitted no evidence at summary judgment
showing that defendant J. Perttu, an inmate complaint examiner, was deliberately indifferent
to his dental needs. Therefore, plaintiff cannot proceed on appeal without first paying the
$505 appellate filing fee. I will also deny plaintiff’s request to have transcripts prepared by
a court reporter at no cost.

ORDER
IT IS ORDERED that
1. Plaintiff Michael Scott’s request for leave to proceed in forma pauperis on appeal,
dkt. #59, is DENIED. Plaintiff has struck out under 28 U.S.C. § 1915(g), and his appeal is
not taken in good faith.
2. Plaintiff’s motion requesting free transcripts, dkt. #58, is DENIED.
3. The clerk of court is requested to insure that plaintiff’s obligation to pay the $505
is reflected in this court’s financial records.

Entered this 25th day of September, 2019.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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