Opinion
Civil Action No. 10-cv-02023-MSK
08-30-2011
MICHAEL D. MOEHRING, Applicant, v. KEVIN MILYARD, Warden, Sterling Correctional Facility, and JOHN SUTHERS, Attorney General of the State of Colorado, Respondents.
Honorable Marcia S. Krieger
ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
Krieger, Judge
Applicant has submitted 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, non-frivolous 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.
BY THE COURT:
Marcia S. Krieger
United States District Judge