Opinion
1:20-cv-22077-GAYLES
10-07-2021
MARTIN L. MCCRAY, Petitioner, v. STATE OF FLORIDA, HARVEY RUVIN, and CLERK OF COURT, Respondents.
ORDER DENYING MOTION FOR LEAVE TO APPEAL IFP
DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE.
THIS CAUSE comes before the Court on Petitioner Martin L. McCray's Motion for Leave to Appeal in forma pauperis (“IFP”) [ECF No. 20] (“Motion”). The Court has reviewed the Motion and the record and is otherwise fully advised. For the reasons stated below, the Motion is denied.
Title 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24(a) govern applications to proceed with an appeal IFP. Even when a party has been permitted to proceed IFP in the district court, the party may not take an appeal IFP in the appellate court if the district court “certifies in writing that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3); see also Fed. R. App. P. 24(a) (providing that a party may not proceed on appeal IFP if “the district court-before or after the notice of appeal is filed-certifies that the appeal is not taken in good faith . . .”). An appeal is taken in good faith under § 1915(a)(3) if a litigant seeks appellate review of any issue that is not frivolous. Coppedge v. United States, 369 U.S. 438, 445 (1962). “Good faith” within the meaning of § 1915(a)(3) must be judged by an objective, not a subjective, standard. Id.
Here, Petitioner's appeal is frivolous and not taken in good faith. In dismissing the Petition, this Court explained (and later reiterated) that Petitioner cannot use Rule 60(b) to void a state court judgment. See [ECF No. 7 at 2]; [ECF No. 18 at 2]. The Court also denied a certificate of appealability because no reasonable jurists would have found the denial of Petitioner's claim debatable or wrong. [ECF No. 7 at 4]. In his Motion for Leave to Appeal IFP, Petitioner presents no grounds for appeal. Rather, he incorrectly submits his request on the form to proceed IFP in district court and does not indicate which order he seeks to appeal.
Accordingly, it is ORDERED AND ADJUDGED that Petitioner's Motion for Leave to Appeal IFP [ECF No. 20] is DENIED.
DONE AND ORDERED.