Opinion
No. 1:16-cv-00171-TWP-MPB
04-28-2016
MARC JEFFREY BROOKS, Plaintiff, v. MIKOLAS LAYTON, STEVEN PARKS Sgt., TWO OTHER OFFICERS, Defendants.
Entry Discussing Request to Proceed on Appeal In Forma Pauperis
The plaintiff seeks leave to proceed on appeal without prepayment of the appellate fees of $505.00. 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. See id.
There is no objectively reasonable argument the plaintiff could present to argue that the dismissal of this action for lack of jurisdiction was erroneous. In pursuing an appeal, therefore, the petitioner "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). Accordingly, his appeal is not taken in good faith, and for this reason his request for leave to proceed on appeal in forma pauperis [dkt 17] is denied.
SO ORDERED. Date: 4/28/2016
/s/_________
TANYA WALTON PRATT, JUDGE
United States District Court
Southern District of Indiana Distribution: Marc Jeffrey Brooks
225-04 147th Ave
Queens, NY 11413