# Ritter v. Speakman (INMATE 4)

> District Court, M.D. Alabama · October 17, 2023

URL: https://www.frixlaw.com/law-library/cases/9988496

## Case

- **Court:** District Court, M.D. Alabama
- **Decided:** October 17, 2023
- **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/9988496

## Opinion text

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

BRIAN HENRY RITTER, )
)
Plaintiff, )
) CIVIL ACTION NO.
v. ) 3:23cv485-MHT
) (WO)
STEVEN T. SPEAKMAN, Judge, )
et al., )
)
Defendants. )

ORDER
This cause is now before the court on plaintiff's
“Motion to Appeal” (Doc. 7), which the court construes
as both a notice of appeal and a motion to proceed on
appeal in forma pauperis.
28 U.S.C. § 1915(a)(3) 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." See also F.R.A.P. 24(a)(3)(A) (“A party who
was permitted to proceed in forma pauperis in the
district-court action ... may proceed on appeal in
forma pauperis without further authorization, unless
... the district court--before or after the notice of
appeal is filed--certifies that the appeal 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
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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 17th day of October, 2023.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9988496. Public record. Not legal advice.