UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

DEWEY AUSTIN BARNETT II, ) ) Plaintiff, ) ) v. ) Case No. 4:25-cv-01206-JSD ) ANDREW FOX, ) ) Defendant. )

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff’s motion to proceed in forma pauperis on appeal and his motion to appoint counsel to represent him in his appellate proceedings. ECF Nos. 9 & 14. When the Court dismissed this action, it certified in writing that an appeal would not be taken in good faith. See ECF No. 5;

(a)(3). It is not apparent that Plaintiff now seeks appellate review of any issue that is not frivolous. See Coppedge v. United States,

(1962). As a result, the Court will deny the motion to proceed in forma pauperis. Further, this Court does not appoint appellate counsel. Plaintiff may move for the appointment of counsel in the United States Court of Appeals for the Eighth Circuit. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for appointment of counsel [ECF No. 9] is DENIED. IT IS FURTHER ORDERED that Plaintiff shall file any future documents or pleadings in connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. IT IS FURTHER ORDERED that Plaintiff's motion to proceed in forma pauperis on appeal [ECF No. 14] is DENIED. Dated this 10" day of December, 2025.

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