Domai v. Ahleen et al, No. 2:2015cv00564 - Document 46 (D. Utah 2018)

Court Description: MEMORANDUM DECISION AND ORDER denying 44 Motion for Leave to Appeal in forma pauperis. Signed by Judge David Nuffer on 6/8/18 (alt)
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Domai v. Ahleen et al Doc. 46 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION GUY M. DOMAI, Plaintiff, MEMORANDUM DECISION AND ORDER DENYING APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS v. DAN AHLEEN, et al., Defendants. Case No. 2:15-cv-00564-DN-BCW District Judge David Nuffer Plaintiff seeks leave to appeal in forma pauperis 1 the Memorandum Decision and Order Adopting Report and Recommendation, 2 which dismissed his Amended Civil Rights Complaint. 3 “An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.” 4 Plaintiff’s appeal presents no substantial question for review, and there is no reasonable basis for Plaintiff’s claims of alleged error. Plaintiff’s appeal is also untimely. Therefore, it is certified that Plaintiff’s appeal is not taken in good faith. 1 Notice of Appeal, docket no. 42, filed June 4, 2018; Application to Proceed in District Court Without Prepaying Fees or Costs (“Application”), docket no. 44, filed June 4, 2018. 2 Docket no. 39, filed May 2, 2018. 3 Docket no. 21, filed June 5, 2017. 4 28 U.S.C. § 1915(a)(3). Dockets.Justia.com ORDER IT IS HEREBY ORDERED that Plaintiff’s Application 5 is DENIED. Signed June 8, 2018. BY THE COURT ________________________________________ District Judge David Nuffer 5 Docket no. 44, filed June 4, 2018. 2