KADAMOVAS v. WATSON

District Court, S.D. Indiana

KADAMOVAS v. WATSON

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JURIJUS KADAMOVAS, ) Petitioner, □ V. No. 2:19-cv-00540-JPH-MJD T. J. WATSON, ) Respondent. ) ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL The petitioner 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

; see Coppedge v. United States,

369 U.S. 438

(1962). “Good faith” within the meaning of § 1915 must be judged by an objective, not a subjective, standard. See id. Mr. Kadamovas has no objectively reasonable argument that the Court erred in denying his § 2241 petition. Therefore, he “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 [14], is DENIED. SO ORDERED. Date: 7/10/2020 Sjamu Patrick Harbor James Patrick Hanlon United States District Judge Qnrstharn Diateint nfIndiana

Distribution:

JURIJUS KADAMOVAS 21050-112 TERRE HAUTE – USP TERRE HAUTE U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808

Reference

Status
Unknown