Opinion

Daniel v. Alabama Crime Victims Compensation (MAG+)

Court
District Court, M.D. Alabama
Filed
Feb 11, 2025
Cited by
0 cases
Authority
More cited than 34.0%

The opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

ANTUANE D. DANIEL, )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 2:23cv618-MHT

) (WO)

ALABAMA CRIME VICTIMS )

COMPENSATION and DIR. )

EVERETTE, Ala. Crime )

Victims Attorney, )

)

Defendants. )

ORDER

This cause is now before the court on plaintiff's

notice of appeal (Doc. 27).

28 U.S.C. § 1915(a) provides that, “An 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, this court is of the

opinion that, for the reasons stated in the report and

recommendation of the United States Magistrate Judge

(Doc. 24), the plaintiff’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). As set forth in the recommendation, plaintiff

repeatedly failed comply with court orders after being

given ample opportunity to do so. He did not object to

the recommendation. Moreover, his notice of appeal was

2

filed well after the 30-day deadline without an

adequate excuse for his months-long delay.

***

Accordingly, it is ORDERED that the plaintiff'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), as not taken in good

faith.

DONE, this the 11th day of February, 2025.

/s/ Myron H. Thompson

UNITED STATES DISTRICT JUDGE

3

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