Opinion

Jones v. Morgan (INMATE 4)

Court
District Court, M.D. Alabama
Filed
Feb 10, 2025
Cited by
0 cases
Authority
More cited than 33.9%

The opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

GLENN JONES, )

)

Petitioner, )

) CIVIL ACTION NO.

v. ) 1:24cv382-MHT

) (WO)

PHYLLIS MORGAN, Warden )

III, )

)

Respondent. )

ORDER

This cause is now before the court on the

petitioner's notice of appeal (Doc. 12), which the

court is treating as a motion to proceed on appeal in

forma pauperis.

28 U.S.C. § 1915(a)(3) provides that “[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.” In making this determination as to good faith,

a court must use an objective standard, such as whether

the appeal is “frivolous,” Coppedge v. United States,

369 U.S. 438, 445 (1962), or “has no substantive

merit.” United States v. Bottoson, 644 F.2d 1174, 1176

(5th Cir. Unit B May 15, 1981) (per curiam); see also

Rudolph v. Allen, 666 F.2d 519, 520 (11th Cir. 1982)

(per curiam); Morris v. Ross, 663 F.2d 1032 (11th Cir.

1981). Applying this standard, for the reasons stated

in the report and recommendation (Doc. 7), this court

is of the opinion that the petitioner's appeal is

without a legal or factual basis and, accordingly, is

frivolous and not taken in good faith. See, e.g.,

Rudolph v. Allen, supra; Brown v. Pena, 441 F. Supp.

1382 (S.D. Fla. 1977), aff'd without opinion, 589 F.2d

1113 (5th Cir. 1979).

***

Accordingly, it is ORDERED that the petitioner's

motion to proceed on appeal in forma pauperis is

denied; and that the appeal in this cause is certified,

pursuant to 28 U.S.C. § 1915(a)(3), as not taken in

good faith.

DONE, this the 10th day of February, 2025.

/s/ Myron H. Thompson

UNITED STATES DISTRICT JUDGE

2

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