Engel v. Unknown COI et al, No. 4:2020cv01897 - Document 8 (E.D. Mo. 2021)
Court Description: OPINION, MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis on appeal (Docket No. 7) is DENIED. Signed by District Judge Henry Edward Autrey on April 9, 2021. (MCB)
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Engel v. Unknown COI et al Doc. 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JOSEPH MICHAEL DEVON ENGEL, Plaintiff, v. UNKNOWN CO1, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 4:20-cv-01897-HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion to proceed in forma pauperis on appeal. (Docket No. 7). When this Court dismissed plaintiff’s case, it certified in writing that an appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3) (providing that “[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”). It is not apparent that plaintiff now seeks appellate review of any issue that is not frivolous. See Coppedge v. United States, 369 U.S. 438, 445 (1962) (explaining that “good faith” is “judged by an objective standard,” and that it is “demonstrated when [plaintiff] seeks appellate review of any issue not frivolous”). The Court will therefore deny the motion. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma pauperis on appeal (Docket No. 7) is DENIED. Dated this 9th day of April, 2021. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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