BUSH v. WARDEN

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

TERRE HAUTE DIVISION

MICHAEL JON BUSH, ) )

Petitioner, ) ) v. ) No. 2:19-cv-00502-JPH-MG )

WARDEN, ) )

Respondent. )

Order Discussing Request to Proceed on Appeal In Forma Pauperis

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.

There is no objectively reasonable argument the petitioner could present to argue that the disposition of this action was erroneous. In pursuing an appeal, therefore, the petitioner "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). The Court denied the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 because Mr. Bush challenged the enhancement of his sentence under the Sentencing Guidelines and had not shown a miscarriage of justice as required for relief under § 2241. 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 [17], is denied.

SO ORDERED.

Date: 8/25/2021

SJamu Patrick awlove

James Patrick Hanlon

United States District Judge

Southern District of Indiana

Distribution:

MICHAEL JON BUSH

13312-029

TERRE HAUTE - USP

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James Robert Wood

UNITED STATES ATTORNEY'S OFFICE (Indianapolis) wood @usdoj.gov