Garner v. Key et al, No. 2:2022cv00249 - Document 12 (N.D. Ind. 2022)
Court Description: OPINION AND ORDER: Plaintiff James Garners motion to proceed on appeal in forma pauperis 11 is DENIED because this appeal is not taken in good faith. Signed by Judge Philip P Simon on 11/08/2022. (Copy mailed to pro se party) (cc: USCA)(sej)
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Garner v. Key et al Doc. 12 USDC IN/ND case 2:22-cv-00249-PPS-JPK document 12 filed 11/08/22 page 1 of 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION JAMES GARNER, Plaintiff, v. LAKE COUNTY SHERIFF KEY (Badge #488), et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 2:22CV249-PPS-JPK OPINION AND ORDER James Garner, a pro se plaintiff, filed with the Seventh Circuit a motion seeking to proceed in forma pauperis on appeal. The Court of Appeals has transferred the motion to this court for ruling. [DE 10.] Pursuant to 28 U.S.C. § 1915(a)(3), “[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.” Substantively, this appeal is not taken in good faith because, for the reasons stated in the order of dismissal [DE 4], no “reasonable person could suppose that the appeal has some merit.” Walker v. O’Brien 216 F.3d 626, 632 (7th Cir. 2000). ACCORDINGLY: Plaintiff James Garner’s motion to proceed on appeal in forma pauperis [DE 11] is DENIED because this appeal is not taken in good faith. SO ORDERED. ENTERED: November 8, 2022. /s/ Philip P. Simon UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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