McIntosh v. Kelly

District Court, S.D. Illinois

McIntosh v. Kelly

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DALLAS MCINTOSH, ) Plaintiff, vs. Case No. 16-CV-1018-SMY NICHOLAS GAILIUS, et al, Defendants. MEMORANDUM AND ORDER YANDLE, District Judge: Plaintiff Dallas McIntosh filed this

42 U.S.C. § 1983

action related to a traffic stop. The case 1s now before the Court for consideration of McIntosh’s Motion to Proceed in Forma Pauperis (“IFP”) on Appeal (Doc. 271). The Court may permit a party to proceed on appeal without full pre-payment of fees provided the party is indigent and the appeal is taken in good faith.

28 U.S.C. § 1915

(a)(1) & (3); FED. R. APP. P. 24(a)(3)(A). An appeal is taken in “good faith” if it seeks review of any issue that is not clearly frivolous, meaning that a reasonable person could suppose it to have at least some legal merit. Lee v. Clinton,

209 F.3d 1025, 1026

(7th Cir. 2000). McIntosh identifies two issues that he intends to appeal (whether this Court abused its discretion in dismissing his case with prejudice and whether several dismissed defendants were immune from suit) and provides necessary details regarding his financial condition. Based on that information, the Court finds that he is indigent and that his appeal is taken in good faith. Accordingly, his motion is GRANTED. IT IS SO ORDERED. Ae LL oe DATED: February 22, 2023 STACI M. YANDLE United States District Judge Page 1 of 1

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