Opinion
Case No. 8:09-CV-2101-T-30TBM.
January 7, 2010
ORDER
Before the Court is Plaintiff's motion for leave to proceed on appeal in forma pauperis (Dkt. 15). Statutory provision for litigation in forma pauperis in the federal courts is made by 28 U.S.C. § 1915, authorizing any court of the United States to allow indigent persons to prosecute, defend or appeal suits without prepayment of costs. See Coppedge v. United States, 369 U.S. 438, 441 (1962). The following statutory language guides district courts in passing upon an application for in forma pauperis status: "[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." 28 U.S.C. § 1915(a)(3). "`Good faith' has been defined as a requirement that an appeal present a nonfrivolous question for review." Cruz v. Hauck, 404 U.S. 59, 62 (1971). "An issue is frivolous when it appears that `the legal theories are indisputably meritless.'" Ghee v. Retailers Nat'l Bank, 271 Fed. Appx. 858, 860 (11th Cir. 2008) (citing Carroll v. Gross, 984 F.2d 392, 393 (11th Cir. 1993)). "In other words, an IFP action is frivolous, and thus not brought in good faith, if it is `without arguable merit either in law or fact.'" Ghee, 271 Fed. Appx. at 859 (citing Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001)).
Plaintiff's amended complaint was dismissed because it was barred by the statute of limitations and failed to state a claim upon which relief may be granted (See Dkt. 7).
This appeal is not taken in good faith under 28 U.S.C. 1915(a)(3) and Rule 24(a) of the Federal Rules of Appellate Procedure because Plaintiff has not demonstrated "the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal." McIntosh v. United States Parole Comm'n, 115 F.3d 809, 812 (10th Cir. 1997) (quoting DeBardeleben v. Quinlan, 937 F.2d 502,505 (10th Cir. 1991)). Accordingly, Plaintiff is not entitled to appeal as a pauper, and he will be required to pay the $455.00 appellate filing and docketing fees.
ACCORDINGLY, it is ORDERED that Petitioner's motion for leave to proceed on appeal in forma pauperis (Dkt. 15) is DENIED. DONE and ORDERED in Tampa.