Opinion
Civil Action 2:08-CV-751.
October 20, 2009
ORDER
Because the Court concluded that an appeal from the judgment entered in this case would not be taken in good faith, Order, Doc. No. 40, plaintiff was denied leave to proceed on appeal in forma pauperis. Id. This matter is now before the Court on plaintiff's motion for reconsideration of that Order, Doc. No. 41.
Although plaintiff's motion establishes that plaintiff is financially unable to pay the filing fee in connection with his notice of appeal, 28 U.S.C. § 1915(a)(3) prohibits an appeal in forma pauperis where the court certifies that the appeal is not taken in good faith. This Court remains convinced that, for the reasons stated in its prior Order, Doc. No. 35, an appeal from the judgment entered in this action would not be taken in good faith.
Plaintiff's motion for reconsideration, Doc. No. 41, is therefore DENIED.