Hemingway v. Glass

District Court, E.D. Missouri

Hemingway v. Glass

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TERRY GLENN HEMINGWAY, JR., ) Plaintiff, Vv. No. 4:20-cv-01537-RWS DALE GLASS, et al., Defendants. MEMORANDUM AND ORDER This matter is before the Court on plaintiffs motion to proceed in forma pauperis on appeal. (Docket No. 17). 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 (Docket No. 17) is DENIED.

UNITED STATES DISTRICT JUDGE

Dated this 10th day of December, 2021.

Reference

Status
Unknown