Opinion
Civil Action Number: 2:11-cv-14687
04-30-2012
FRED PROCTOR, Plaintiff, v. THE HONORABLE RAE LEE CHABOT and JESSICA COOPER, Defendants.
Honorable Victoria A. Roberts
ORDER DENYING PLAINTIFF'S
APPLICATION TO PROCEED WITHOUT PAYMENT OF FEES ON APPEAL
Pending before the Court is Plaintiff's Application to Proceed Without Prepayment of Fees on Appeal. Federal Rule of Appellate Procedure 24(a)(1) provides that a party to a district court action who desires to appeal in forma pauperis must file a motion in the district court. Fed. R. App. P. 24(a)(1). An appeal may not be taken in forma pauperis if the court determines that it is not taken in good faith. 28 U.S.C. § 1915(a)(3).
On December 21, 2011, the Court issued an Opinion and Order dismissing Plaintiff's Complaint and concluded that an Appeal from its Order would be frivolous and therefore could not be taken in good faith. Proctor v. Chabot, No. 2:11-cv-14698, 2011 WL 6655694, at *5 (E.D. Mich. Dec. 21, 2011) (Roberts, J.). See 28 U.S.C. § 1915(a)(3); see also McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997) (same).
On that basis, the Court DENIES Plaintiff's Application to Proceed Without Prepayment of Fees on Appeal [Dkt. # 12].
____________________________
Victoria A. Roberts
United States District Judge
The undersigned certifies that a copy of this document was served on the attorneys of record and Fred Proctor by electronic means or U.S. Mail on April 30, 2012.
Carol A. Pinega
Deputy Clerk