Opinion
21-mc-0073 (WMW)
11-08-2021
Scott Lawrence Simmons, Plaintiff, v. United States District Court, District of Minnesota, St. Paul Division; and United States District Court, District of Minnesota, Minneapolis Division, Defendants
ORDER
Wilhelmina M. Wright United States District Judge
This matter is before the Court on Plaintiff Scott Lawrence Simmons's request for authorization to file a new civil action while proceeding in forma pauperis. (Dkt. 1.) Simmons is restricted from filing new cases in this District unless he is represented by counsel or pays the filing fee required by 28 U.S.C. § 1914 for commencing a new action. See Simmons v. Brisbois, No. 21-cv-0697 (SNL), Dkt. 5 (D. Minn. Apr. 8, 2021).
Upon review, the Court concludes that Simmons's proposed civil action lacks an arguable basis in either fact or law and, therefore, is frivolous. See Neitzke v. Williams, 490 U.S. 319, 325 (1989); Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Accordingly, the request for authorization is denied and this proceeding shall be closed. The Court also certifies that any appeal taken from this denial would not be in good faith and, therefore, any request to proceed in forma pauperis on appeal will be denied on that basis. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3)(A).
LET JUDGMENT BE ENTERED ACCORDINGLY.