Opinion

Cotton v. Cooper (INMATE 2)

Court
District Court, M.D. Alabama
Filed
Aug 31, 2022
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

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.