# Dickerson

> District Court, M.D. Alabama · July 7, 2026

URL: https://www.frixlaw.com/law-library/cases/11385636

## Case

- **Full name:** Bernadette Dickerson v. Koch Foods and Koch Foods of Alabama, LLC
- **Court:** District Court, M.D. Alabama
- **Decided:** July 7, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11385636

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11385636. Public record. Not legal advice.