# Manuel v. Ivey (INMATE 1)(NO DISCOVERY)

> District Court, M.D. Alabama · February 10, 2022

URL: https://www.frixlaw.com/law-library/cases/9987672

## Case

- **Court:** District Court, M.D. Alabama
- **Decided:** February 10, 2022
- **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/9987672

## Opinion text

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

DE'ANGELO MANUEL, )
)
Plaintiff, )
) CIVIL ACTION NO.
v. ) 2:19cv105-MHT
) (WO)
KAY IVEY, Governor, State )
of Alabama, et al., )
)
Defendants. )

ORDER
This cause is now before the court on plaintiff's
notice of appeal (Doc. 114), 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. 108) and the footnote in
the opinion adopting the recommendation (Doc. 112),
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,

2
pursuant to 28 U.S.C. § 1915(a), as not taken in good
faith.

DONE, this the 10th day of February, 2022.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9987672. Public record. Not legal advice.