Smith v. Cann

District Court, E.D. Missouri

Smith v. Cann

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION CHARLES ALVIN SMITH, ) Plaintiff, Vv. No. 1:21-CV-115 SNLJ DARREN K. CANN, et al., Defendants. MEMORANDUM AND ORDER This matter is before the Court on Plaintiff's motion for leave to proceed in forma pauperis on appeal. ECF No. 17. When the Court dismissed this action, it certified in writing that an appeal would not be taken in good faith, see ECF Nos. 12 & 13;

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). Asa result, the Court will deny the motion. Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion to proceed in forma pauperis on appeal [ECF No. 17] is DENIED. Dated this / 4, day of December, 2021.

STEPHEN N. LIMBAUGH, JR. SENIOR UNITED STATES DISTRICT JUDGE

Reference

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