Garner v. Key

District Court, N.D. Indiana

Garner v. Key

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION JAMES GARNER, ) ) Plaintiff, ) ) v. ) Case No. 2:22CV249-PPS-JPK ) LAKE COUNTY SHERIFF KEY ) (Badge #488), et al., ) ) Defendants. ) OPINION AND ORDER James Garner, a pro se plaintiff, filed with the Seventh Circuit a motion seeking to proceed in forma pauperis on appeal. The Court of Appeals has transferred the motion to this court for ruling. [DE 10.] Pursuant to

28 U.S.C. § 1915

(a)(3), “[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.” Substantively, this appeal is not taken in good faith because, for the reasons stated in the order of dismissal [DE 4], no “reasonable person could suppose that the appeal has some merit.” Walker v. O’Brien

216 F.3d 626, 632

(7th Cir. 2000). ACCORDINGLY: Plaintiff James Garner’s motion to proceed on appeal in forma pauperis [DE 11] is DENIED because this appeal is not taken in good faith. SO ORDERED. ENTERED: November 8, 2022. /s/ Philip P. Simon UNITED STATES DISTRICT JUDGE

Reference

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