BOULB v. U.S., 14-cv-00737-JPG. (2015)
Court: District Court, S.D. Illinois
Number: infdco20150317a99
Visitors: 8
Filed: Mar. 16, 2015
Latest Update: Mar. 16, 2015
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on Petitioner Brian K. Boulb's Motions to proceed on Appeal In Forma Pauperis (Docs. 19 &20). Document 20 appears to be a duplicate filing and is therefore STRICKEN. A federal court may permit a party to proceed on appeal without full pre-payment of fees provided the party is indigent and the appeal is taken in good faith. 28 U.S.C. 1915(a)(1) and (3); Fed. R. App. P. 24(a)(3)(A). A frivolous
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on Petitioner Brian K. Boulb's Motions to proceed on Appeal In Forma Pauperis (Docs. 19 &20). Document 20 appears to be a duplicate filing and is therefore STRICKEN. A federal court may permit a party to proceed on appeal without full pre-payment of fees provided the party is indigent and the appeal is taken in good faith. 28 U.S.C. 1915(a)(1) and (3); Fed. R. App. P. 24(a)(3)(A). A frivolous a..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on Petitioner Brian K. Boulb's Motions to proceed on Appeal In Forma Pauperis (Docs. 19 &20). Document 20 appears to be a duplicate filing and is therefore STRICKEN.
A federal court may permit a party to proceed on appeal without full pre-payment of fees provided the party is indigent and the appeal is taken in good faith. 28 U.S.C. § 1915(a)(1) and (3); Fed. R. App. P. 24(a)(3)(A). A frivolous appeal cannot be made in good faith. Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000). The test for determining if an appeal is in good faith or not frivolous is whether any of the legal points are reasonably arguable on their merits. Neitzke v. Williams, 490 U.S. 319, 325 (1989) (citing Anders v. California, 386 U.S. 738 (1967)); Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000).
The Court is satisfied that Petitioner is indigent. Furthermore, the Court does not believe that this action is frivolous or malicious. Therefore, the Court GRANTS the motion to proceed on appeal in forma pauperis without prepayment of fees and costs (Doc. 19). Document 20 appears to be a duplicate filing and is therefore STRICKEN.
IT IS SO ORDERED.
Source: Leagle
