Engel v. ERDCC

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

JOSEPH MICHAEL DEVON ENGEL, )

Plaintiff,

Vv. No. 4:20-cv-01823-SRC

ERDCC, et al.,

Defendants.

Memorandum and Order

This matter is before the Court on Plaintiff Joseph Michael Devon Engel’s motion to proceed in forma pauperis on appeal. Doc. 5. When this Court dismissed Engel’s 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 1s not taken in good faith”). It is not apparent that Engel 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”). Accordingly, the Court denies Engel’s [5] motion for leave to proceed in forma pauperis on appeal.

So Ordered this 28th day of June 2021. ee fe. CS

STEPHENR.CLARK— sss—

UNITED STATES DISTRICT JUDGE