PEARSON v. DWENGER

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION DOUGLAS PEARSON, ) ) Plaintiff, ) ) v. ) No. 2:20-cv-00041-JPH-MJD ) DR. DWENGER, et al. ) ) Defendants. ) Order Discussing Request to Proceed on Appeal In Forma Pauperis The plaintiff 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). In addition, his appeal has already been dismissed by the Court of Appeals and the clerk has been directed to collect the appellate fees. Accordingly, his motions for leave to proceed on appeal in forma pauperis, dkts. [24] and [26], are denied. SO ORDERED. Date: 8/20/2020 SJamu Patrick Hawley James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: DOUGLAS PEARSON 232811 WABASH VALLEY - CF WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels 6908 S. Old US Hwy 41 P.O. Box 1111 CARLISLE, IN 47838