The opinion
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DEVIN BRANDIS PUGH, )
)
Plaintiff, )
) CIVIL ACTION NO.
v. ) 2:25cv27-MHT
) (WO)
CLARKE COUNTY, ALABAMA, )
)
Defendant. )
ORDER
This cause is now before the court on what the
clerk’s office has docketed as plaintiff's notice of
interlocutory appeal (Doc. 35). It is not clear to the
court that plaintiff intended to file a notice of
interlocutory appeal. It appears that he may have
intended to file a notice of appeal as to only those
cases of his that have already been dismissed. See
Notice (Doc. 35) at 1, 3, and 4.* However, to the
extent that plaintiff intended an interlocutory appeal
* As to his still-pending cases, such as this one,
plaintiff makes an objection to the recommendation of
the magistrate judge. See id. at 5.
of this case, the court treats his appeal notice as
containing a motion to proceed on appeal in forma
pauperis.
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 the plaintiff's interlocutory 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.
2
1382 (S.D. Fla. 1977), aff'd without opinion, 589 F.2d
1113 (5th Cir. 1979).
***
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 17th day of June, 2025.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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