The opinion
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CLARENCE DEES, )
)
Plaintiff, )
) CIVIL ACTION NO.
v. ) 2:17cv535-MHT
) (WO)
KARLA JONES, Warden, )
et al., )
)
Defendants. )
ORDER
This cause is now before the court on plaintiff's
notice of appeal (doc. no. 74), which the court is
treating as a motion to proceed on 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
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 (doc. no. 65), 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 24th day of November, 2020.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE