Opinion
Civil Action No. 11-cv-00657-LTB
12-05-2011
EDWARD ALLEN, Applicant, v. TOM CLEMENTS, and JOHN SUTHERS, Attorney General of the State of Colorado, Respondents.
ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
Babcock, Senior Judge
Applicant has submitted a Motion for Permission to Appeal, which has been processed as a Notice of Appeal. Applicant previously was allowed to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 in this court in this action. The court has examined the file and has determined that leave to proceed in forma pauperis on appeal must be denied. Pursuant to Rule 24(a)(3) of the Federal Rules of Appellate Procedure, the court finds that this appeal is not taken in good faith because applicant has not shown the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal. Accordingly, it is
ORDERED that leave to proceed in forma pauperis on appeal is denied because this appeal is not taken in good faith.
DATED at Denver, Colorado this 5th day of December, 2011.
BY THE COURT:
Lewis T. Babcock
SENIOR JUDGE, UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF COLORADO