Banks v. USA, No. 3:2008cv00063 - Document 21 (S.D. Ill. 2009)
Court Description: MEMORANDUM AND OPINION, granting 12 MOTION for Leave to Proceed in forma pauperis filed by Robert R Banks, granting 20 MOTION for Leave to Appeal in forma pauperis filed by Robert R Banks. Signed by Judge J. Phil Gilbert on 3/17/09. (dka, )
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ROBERT R. BANKS, Petitioner, Case No. 08-cv-0063-JPG v. UNITED STATES OF AMERICA, Defendant. MEMORANDUM AND ORDER This matter comes before the Court on Petitioner s Pro Se Motions for Leave to Proceed in Forma Pauperis (Docs. 12 and 20). A federal court may permit a party to proceed on appeal without full pre-payment of fees provided the party is indigent and the appeal is taken in good faith. 28 U.S.C. ยง 1915(a)(3); Fed. R. App. P. 24(a)(3). A frivolous appeal cannot be made in good faith. Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000). The test for determining if an appeal is in good faith or not frivolous is whether any of the legal points are reasonably arguable on their merits. Neitzke v. Williams, 490 U.S. 319, 325 (1989) (citing Anders v. California, 386 U.S. 738 (1967)); Walker v. O Brien, 216 F.3d 626, 632 (7th Cir. 2000). The Court is satisfied from Banks s affidavit that he is indigent. Furthermore, the Court does not believe that this action is frivolous or malicious. Therefore, the Court GRANTS the motions to proceed on appeal in forma pauperis without prepayment of fees and costs (Docs. 12 and 20). IT IS SO ORDERED. DATED: March 17, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE
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