Whitfield v. Horbin

District Court, E.D. Missouri

Whitfield v. Horbin

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DOMINIQUE WHITFIELD, ) ) Plaintiff, ) ) Vv. ) No. 4:21 CV 258 MTS ) ASHLEY A. HORBIN, et al., ) ) Defendants. ) MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s unsigned! motion to proceed in forma pauperis on appeal. Doc. [13]. When the Court dismissed this action, it certified in writing that an appeal would not be taken in good faith, see Docs. [8] and [9];

28 U.S.C. § 1915

(a)(3), and 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). As a result, the Court will deny the motion. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal, Doc. [13], is DENIED. Dated this 10th day of August, 2021. yo)

dn THEW T. SCHELP UNITED STATES DISTRICT JUDGE

' Self-represented plaintiffs motion to proceed in forma pauperis on appeal is missing the third page of this form document which contains the signature block. See Doc. [13]. However, this motion was docketed on the same date as plaintiffs notice of appeal, which was signed by plaintiff, and these two filings appear to have been mailed to the Court in the same envelope. See Doc. [12] at 1. As such, the Court will accept this motion as being filed by plaintiff.

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