REAVES v. WEXFORD MEDICAL SERVICES

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION KEVIN REAVES, ) Plaintiff, Vv. No. 1:19-cv-00151-JPH-DLP WEXFORD MEDICAL SERVICES, et al.

Defendants.

ORDER DENYING 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). Final judgment has not yet been entered in this case. In addition, there is no objectively reasonable argument the plaintiff could present to argue that the ruling granting the defendants an extension of time to respond to his motion for summary judgment 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 v. 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. [192], is DENIED.

SO ORDERED.

Date: 5/7/2020 SJamu Patrick lanl James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: KEVIN REAVES 161700 BRANCHVILLE - CF BRANCHVILLE CORRECTIONAL FACILITY Electronic Service Participant – Court Only All Electronically Registered Counsel