STEVENS v. HARTZLER, 2:11-cv-89-JMS-WGH. CA #12-2171. (2012)
Court: District Court, S.D. Indiana
Number: infdco20120531a13
Visitors: 5
Filed: May 25, 2012
Latest Update: May 25, 2012
Summary: Entry Discussing Request to Proceed on Appeal In Forma Pauperis JANE MAGNUS-STINSON, Judge. An appeal may not be taken in forma pauperis if the trial court certifies that the appeal is not taken in good faith. 28 U.S.C. 1915; see Coppedge v. United States, 369 U.S. 438 (1962). "Good faith" within the meaning of 1915 must be judged by an objective, not a subjective, standard. Id. There is no objectively reasonable argument which the plaintiff could present to argue that the disp
Summary: Entry Discussing Request to Proceed on Appeal In Forma Pauperis JANE MAGNUS-STINSON, Judge. An appeal may not be taken in forma pauperis if the trial court certifies that the appeal is not taken in good faith. 28 U.S.C. 1915; see Coppedge v. United States, 369 U.S. 438 (1962). "Good faith" within the meaning of 1915 must be judged by an objective, not a subjective, standard. Id. There is no objectively reasonable argument which the plaintiff could present to argue that the dispo..
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Entry Discussing Request to Proceed on Appeal In Forma Pauperis
JANE MAGNUS-STINSON, Judge.
An appeal may not be taken in forma pauperis if the trial court certifies that the appeal is not taken in good faith. 28 U.S.C. § 1915; see Coppedge v. United States, 369 U.S. 438 (1962). "Good faith" within the meaning of § 1915 must be judged by an objective, not a subjective, standard. Id. There is no objectively reasonable argument which the plaintiff could present to argue that the disposition of this action was erroneous. In pursuing an appeal, the plaintiff "is acting in bad faith . . . [because] to sue in bad faith means merely to sue on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit." Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000).
Based on the foregoing, therefore, the plaintiff's request for leave to proceed on appeal in forma pauperis [50] is denied.
IT IS SO ORDERED.
Source: Leagle
