The opinion
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DANIEL ERIC COBBLE, )
)
Plaintiff, )
) CIVIL ACTION NO.
v. ) 2:19cv416-MHT
) (WO)
U.S. ATTORNEY GENERAL, )
CURRENT AND FUTURE, )
)
Defendant. )
ORDER
This cause is now before the court on plaintiff's
motion for leave to proceed on appeal in forma pauperis
(doc. no. 11).
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. no. 3) and
the court’s opinion (doc. no. 7), 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 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 12th day of August, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE