JACKSON v. INDIANA DEPARTMENT OF CORRECTION et al, No. 1:2013cv01378 - Document 78 (S.D. Ind. 2015)
Court Description: ORDER denying 76 Motion for Leave to Appeal in forma pauperis (USCA #14-3592). There has been no final or partial final judgment in this action. While the Court has granted summary judgment with respect to Defendants Renfro and Lundy, (Dkt. N o. 59) no partial final judgment was issued and claims against the remaining defendants are still pending. 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 76] is denied. Signed by Judge Tanya Walton Pratt on 2/20/2015. (AH)
Download PDF
<![CDATA[
JACKSON v. INDIANA DEPARTMENT OF CORRECTION et al Doc. 78 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION CURTIS JACKSON, Plaintiff, vs. COOKE, AIGHT, RENFRO and LUNDY Defendants. ) ) ) ) ) ) ) ) ) Case No. 1:13-cv-1378-TWP-MJD Entry 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; see Coppedge v. United States, 369 U.S. 438 (1962). "Good faith" within the meaning of § 1915 must be judged by an objective, not a subjective, standard. See id. There has been no final or partial final judgment in this action. While the Court has granted summary judgment with respect to Defendants Renfro and Lundy, (Dkt. No. 59) no partial final judgment was issued and claims against the remaining defendants are still pending. 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 76] is denied. IT IS SO ORDERED. Dockets.Justia.com Date: 2/20/2015 Distribution: Electronically Registered Counsel Curtis Jackson 973802 Pendleton Correctional Facility Inmate Mail/Parcels 4490 West Reformatory Road Pendleton, IN 46064
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
