Engel v. ERDCC
Engel v. ERDCC
Trial Court Opinion
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
Reference
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