Opinion
Civil Action No. 10-cv-01014-WJM
03-29-2012
WAYNE A. SMALL, Applicant, v. KEVIN MILYARD, and JOHN SUTHERS, Respondents.
Judge William J. Martínez
ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
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, nonfrivolous 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:
____________
William J. Martínez
United States District Judge