Opinion
6:11-cv-5.
June 7, 2011
ORDER
This Court dismissed Plaintiff Warren Skillern's ("Skillern") suit on April 4, 2011, because it was barred by 28 U.S.C. § 1915(g)'s three strikes rule. See Doc. 18. Before the Court are Skillern's "Request for Leave to Appeal In Forma Pauperis," see Doc. 31, and Motion for Court to File with the Clerk All Orders, see Doc. 32.
Because this is a civil rights action under 28 U.S.C. § 1983, and not a habeas petition, Skillern does not need the Court's approval to appeal this case. See 28 U.S.C. § 2253(c)(1) (requiring a Certificate of Appealability before a habeas petitioner may appeal). But "[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 means that an issue exists on appeal that is not frivolous when judged under an objective standard. See Coppedge v. United States, 369 U.S. 438, 445 (1962); Busch v. Cnty. of Volusia, 189 F.R.D. 687, 691 (M.D. Fla. 1999). A claim is frivolous if it is "without arguable merit either in law or fact." Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001).
Skillern is subject to 28 U.S.C. § 1915(g)'s three strikes bar and has failed to satisfy the imminent danger exception. See Doc. 13. His claims are frivolous and his appeal is not taken in good faith. Skillern's "Request for Leave to Appeal In Forma Pauperis," see Doc. 31, is DENIED.
Skillern's second motion questions whether the Court's "23 May 2011 `order' has been filed" and asks that the Court file it. See Doc. 31. This order is on the docket as docket number 30. See Doc. 30. Skillern's motion, see Doc. 32, is DISMISSED AS MOOT.