Opinion

Sullen v. Dunn (INMATE 2)

Court
District Court, M.D. Alabama
Filed
Apr 21, 2020
Cited by
0 cases
Authority
More cited than 16.5%

The opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WILLIE ARTHUR SULLEN, )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 2:17cv151-MHT

) (WO)

JEFFERSON DUNN, et al., )

)

Defendants. )

ORDER

This cause is now before the court on plaintiff's

motion to proceed on appeal in forma pauperis (doc. no.

56).

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 magistrate judge, 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 21st day of April, 2020.

/s/ Myron H. Thompson

UNITED STATES DISTRICT JUDGE

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