Opinion
Case No: 2:16-cv-329-FtM-38MRM
02-09-2018
JAMAAL ALI BILAL, Petitioner, v. GEO GROUP, INC. (GEO) and KRISTIN KANNER, Respondents.
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This matter comes before the Court on Plaintiff Jamaal Ali Bilal's Motion to Proceed on Appeal In Forma Pauperis (Doc. #111) filed on January 10, 2018. Pursuant to 28 U.S.C. § 1915(a)(3), "[a]n appeal may not be taken in forma pauperis (IFP) if the trial court certifies in writing that it is not taken in good faith."
Plaintiff, who is currently civilly confined at the Florida Civil Commitment Center, seeks to appeal the Court's Order of Dismissal dated August 4, 2017. (Doc. #90). The Court's August 4 Order, granted defendants' motion to dismiss, recognizing that Plaintiff failed to comply with the Court's orders. Judgment was entered the same day (Doc. #91). Furthermore, this Court has previously concluded that Plaintiff's appeal in this matter is frivolous. (Doc. #95). Upon review of this matter, the Court finds that Plaintiff's appeal is not taken in good faith, and certifies that the appeal is not in good faith.
Plaintiff also requests that Defendants be forced to pay for his appeal because the Defendants removed this case from State Court. Pursuant to 28 U.S.C. § 1441 Defendants properly removed this case. Therefore, there is no good cause to impose Plaintiff's fee on appeal on the Defendants.
Accordingly, it is now
ORDERED:
(1) Pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(4), the Court certifies that this appeal is not taken in good faith.
(2) Plaintiff Jamaal Ali Bilal's Motion to Proceed on Appeal In Forma Pauperis (Doc. #111) is DENIED.
(3) Plaintiff Jamaal Ali Bilal's Motion to have the Defendants pay his fee on appeal is DENIED.
(4) The Clerk of Court shall immediately forward a copy of this Order to the Plaintiff and the Clerk for the United States Court of Appeals for the Eleventh Circuit.
DONE and ORDERED in Fort Myers, Florida this 9th day of February, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies:
All Parties of Record
SA: FTMP-2