The opinion
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
BRENT JACOBY, )
)
Plaintiff, )
) CIVIL ACTION NO.
v. ) 2:15cv382-MHT
) (WO)
WARDEN KARLA JONES, )
et al., )
)
Defendants. )
ORDER
This cause is now before the court on plaintiff's
“Notice of Intent to Appeal” (doc. no. 96), which the
court is treating as a notice of appeal, a motion for
leave to appeal in forma pauperis, and a motion to
reconsider the entry of judgment.
Regarding the motion for leave to 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
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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 magistrate judge, that the plaintiff lacks a
valid legal or factual basis for appeal, and,
accordingly, an appeal would be 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:
(1) The plaintiff's notice of intent to appeal
(doc. no. 96) is treated as a notice of appeal.
(2) The plaintiff’s motion to proceed on appeal in
forma pauperis (doc. no. 96) is denied; and the appeal
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in this cause is certified, pursuant to 28 U.S.C. §
1915(a), as not taken in good faith.
(3) The plaintiff's motion to reconsider the entry
of judgment (doc. no. 96) is denied.
DONE, this the 4th day of October, 2019.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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