Opinion

Dickerson

Court
District Court, M.D. Alabama
Filed
Jul 7, 2026
Cited by
0 cases
Authority
More cited than 41.6%

The opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

BERNADETTE DICKERSON, )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 2:26cv295-MHT

) (WO)

KOCH FOODS and KOCH FOODS )

OF ALABAMA, LLC, )

)

Defendants. )

ORDER

This cause is now before the court on pro se

plaintiff Bernadette Dickerson’s application to proceed

in district court without prepaying fees or costs (Doc.

31), which the court construes as a motion for leave to

proceed on appeal in forma pauperis.

28 U.S.C. § 1915(a) 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, and for the reasons

explained in the United States Magistrate Judge’s

recommendation (Doc. 25), this court is of the opinion

that 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).

***

Accordingly, it is ORDERED that the plaintiff's

motion for leave to proceed on appeal in forma pauperis

is denied; and that the appeal in this cause is

2

certified, pursuant to 28 U.S.C. § 1915(a), as not

taken in good faith.

DONE, this the 7th day of July, 2026.

/s/ Myron H. Thompson

UNITED STATES DISTRICT JUDGE

3

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