Opinion
NO. 5:12-CV-86-CAR-CHW
09-07-2012
DANIEL ERIC COBBLE, Petitioner, v. Warden GREGORY McLAUGHLIN, Respondent.
ORDER
Petitioner DANIEL ERIC COBBLE, an inmate at Smith State Prison, who has pending in this Court a petition for writ of habeas corpus, has filed a motion to proceed in forma pauperis in the appeal of the undersigned's April 3, 2012 Order. Said Order denied Petitioner's objections to the Magistrate Judge's dismissal of a number of Petitioner's motions.
Pursuant to 28 U.S.C. § 1915(a)(3), "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." In addition, Federal Rule of Appellate Procedure 24(a)(3) provides:
A party who was permitted to proceed in forma pauperis in the district-court action ... may proceed on appeal in forma pauperis without further authorization, unless:"Good faith" means that an issue exists on appeal that is not frivolous under an objective standard. Coppedge v. United States, 369 U.S. 438, 445 (1962). Petitioner is attempting to appeal an Order that is not a final order and, therefore, is not appealable. Moreover, even if the Court's Order were final, Petitioner's appeal would be frivolous under an objective standard. The Court thus certifies, pursuant to 28 U.S.C. § 1915(a)(3), that the appeal is not taken in good faith. Accordingly, Petitioner's motion to proceed in forma pauperis on appeal is hereby DENIED. If Petitioner wishes to proceed with his appeal, he must prepay the entire $455 appellate filing fee.
(A) the district court--before or after the notice of appeal is filed--certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for the certification or finding; or
(B) a statute provides otherwise.
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C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT
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