Shepard v. Cape Girardeau County Jail

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

SOUTHEASTERN DIVISION

JACOB TAYLOR SHEPARD, )

Plaintiff,

Vv. No. 1:20 CV 186 MTS

CAPE GIRARDEAU COUNTY JAIL, et al.,

Defendants.

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff's motion to proceed in forma pauperis on appeal. Doc. [21]. When this Court dismissed Plaintiffs case, it certified in writing that an appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3) (providing that “[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’). It is not apparent that Plaintiff now seeks appellate review of any issue that is not frivolous. See Coppedge v. United States, 369 U.S. 438, 445 (1962) (explaining that “good faith” is “judged by an objective standard,” and that it is “demonstrated when [plaintiff] seeks appellate review of any issue not frivolous”). The Court will therefore deny the motion.

Accordingly,

IT IS HEREBY ORDERED that Plaintiffs motion for leave to proceed in forma pauperis on appeal Doc. [21] is DENIED.

Dated this 7th day of June, 2021.

Ugrh-

MATTHEW T. SCHELP

UNITED STATES DISTRICT JUDGE