The opinion
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
J OR J PROPERTIES, also )
known as J & J Properties, )
LLC, )
)
Plaintiff, )
) CIVIL ACTION NO.
v. ) 2:24cv785-MHT
) (WO)
CAROLYN D. GLENN, )
)
Defendant. )
ORDER
This cause is now before the court on defendant
Carolyn D. Glenn's motion to proceed on appeal in forma
pauperis (Doc. 24).
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, for the reasons stated in the recommendation
of the United States Magistrate Judge (Doc. 15), that
there is no basis for federal subject-matter
jurisdiction in this case. The defendant’s appeal
therefore has no substantive merit, is frivolous, and
is 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 defendant Carolyn
D. Glenn'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
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taken in good faith.
DONE, this the 14th day of April, 2025.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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