Corey Allen Jones v. Jennifer Friddell, et al.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Corey Allen Jones, Case No. 3:25-cv-2693 Plaintiff, v. ORDER

Jennifer Friddell, et al., Defendants.

Plaintiff Corey Allen Jones requests permission to proceed with an appeal without first paying the filing fee. (Doc. No. 11). Jones seeks to argue on appeal that I mischaracterized the facts and misapplied the law when I denied his emergency motion for a temporary restraining order as well as his motion for reconsideration of that decision. (Doc. No. 10).

Section 1915 provides “[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.” 28 U.S.C. § 1915(a)(3). An appeal is not taken in good faith when “it lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989).

The United States Court of Appeals for the Sixth Circuit previously has held that the “denial of a motion for a temporary restraining order generally is not appealable.” Overstreet v. Lexington- Fayette Urban Cnty. Gov’t, 305 F.3d 566, 572 (6th Cir. 2002) (citing cases). For that reason, as well as for the reasons stated in my earlier Memorandum Opinions and Orders, I conclude the issues Jones seeks to raise on appeal lack an arguable basis in law or in fact. I deny his motion to proceed in forma pauperis on appeal. (Doc. No. 11).

So Ordered.

s/ Jeffrey J. Helmick United States District Judge