JONES v. TAYLOR

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION RUFUS EDWARD JONES, ) Plaintiff, Vv. No. 1:19-cv-04746-JPH-TAB CATHERINE TAYLOR, et al.

Defendants.

ORDER DISCUSSING REQUEST TO PROCEED ON APPEAL IN FORMA PAUPERIS The plaintiff seeks leave to proceed on appeal without prepayment of the appellate fees of $505.00. “An appeal may not be taken in forma pauperis if the trial court certifies that the appeal is not taken in good faith.” 28 U.S.C. § 1915(a)(3). “Good faith” within the meaning of § 1915 is judged by an objective, not a subjective, standard. See Thomas v. Zatecky, 712 F.3d 1004, 1006 (7th Cir. 2013) (stating that bad faith is a phrase that is understood to mean objective frivolousness). At this time, there is no objectively reasonable argument the plaintiff could present to argue that the disposition of this motion was erroneous. In pursuing an appeal, therefore, the plaintiff “is acting in bad faith . . . [because] to sue in bad faith means merely to sue on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit.” Lee vy. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Accordingly, his appeal is not taken in good faith, and for this reason his request for leave to proceed on appeal in forma pauperis, dkt. [18], is DENIED.

SO ORDERED. pate: 3/27/2020 Sjamu Pataick Hanlon James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: RUFUS EDWARD JONES 778525 MARION COUNTY JAIL II MARION COUNTY JAIL II Inmate Mail/Parcels East Washington Street Indianapolis, IN 46202