The opinion
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
LARRY COTTON, )
)
Plaintiff, )
) CIVIL ACTION NO.
v. ) 2:19cv359-MHT
) (WO)
SGT. COOPER, et al., )
)
Defendants. )
ORDER
This cause is now before the court on plaintiff's notice
of appeal (Doc. 50), 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. 42), that the plaintiff's
appeal is without a legal or factual basis and, accordingly,
has no substantive merit and is 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 31st day of August, 2022.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE