MAYFIELD v. BROWN

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION CAMERON MAYFIELD, ) ) Petitioner, ) ) v. ) No. 2:19-cv-00466-JPH-DLP ) RICHARD BROWN, ) ) Respondent. ) ORDER DISCUSSING REQUEST TO PROCEED ON APPEAL IN FORMA PAUPERIS The petitioner seeks leave to proceed on appeal without prepayment of the appellate fees of $505.00. “An appeal may not be taken in forma pauperis if the trial court certifies that the appeal is not taken in good faith.” 28 U.S.C. § 1915 (a)(3). “Good faith” within the meaning of § 1915 is judged by an objective, not a subjective, standard. See Thomas v. Zatecky, 712 F.3d 1004, 1006 (7th Cir. 2013) (stating that bad faith is a phrase that is understood to mean objective frivolousness). At this time, there is no objectively reasonable argument the plaintiff could present to argue that the disposition of this action was erroneous. In pursuing an appeal, therefore, the plaintiff “is acting in bad faith . . . [because] to sue in bad faith means merely to sue on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit.” Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Accordingly, his appeal is not taken in good faith, and for this reason his request for leave to proceed on appeal in forma pauperis, dkt. [21], is denied. Additionally, the clerk is directed to maintain the motion, dkt. [21], under seal, as it identifies minor children by name. SO ORDERED. Date: 7/20/2020 Sjamu Patrick awlove James Patrick Hanlon Distribution: United States District Judge Southern District of Indiana CAMERON MAYFIELD 178522 WABASH VALLEY - CF WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels 6908 S. Old US Hwy 41 P.O. Box 1111 CARLISLE, IN 47838 Frances Hale Barrow INDIANA ATTORNEY GENERAL frances.barrow @atg.in.gov