IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

BYRON RAY PHILLIPS, ) ) Plaintiff, ) ) v. ) CASE NO. 2:15-CV-740-WKW ) [WO] KARLA JONES, et al., ) ) Defendants. ) ) BYRON RAY PHILLIPS, ) ) Plaintiff, ) ) v. ) CASE NO. 2:16-CV-109-WKW ) [WO] KARLA JONES, et al., ) ) Defendants. ) ORDER Before the court is Plaintiff’s motion for leave to appeal in forma pauperis. (Doc. # 61.) Two requirements must be met before such a motion may be granted. First, the prisoner must demonstrate, by affidavit and a certified copy of his prison trust fund account, that he is financially unable to pay fees and costs.

(a)(1)–(2). Second, notwithstanding a finding of economic eligibility, he may not appeal in forma pauperis if the trial court certifies in writing that the appeal is not taken in good faith.

(a)(3).

An objective standard is used in determining whether an appeal is taken in good faith, and good faith is shown when a party seeks appellate review of an issue that is not frivolous. Coppedge v. United States,

(1962). An

appeal of an issue is “frivolous” when “it has no substantive merit.” United States v. Bottoson,

(5th Cir. Unit B May 1981).1 For the reasons stated in the Recommendation of the Magistrate Judge (Doc. # 55), to which there was no objection and which was adopted as the court’s order

(Doc. # 56), Plaintiff’s appeal is without a legal or factual basis, has no substantive merit, and is frivolous for purposes of the IFP motion. Therefore, it is ORDERED that Plaintiff’s motion for leave to appeal in forma

pauperis (Doc. # 61) is DENIED. DONE this 25th day of June, 2019. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

1 In Bonner v. City of Prichard,

(11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.