ANDERSON v. INDIANA DEPARTMENT OF CORRECTION

No. 1:17-cv-01799-TWP-MPB.

NATHAN ANDERSON, Plaintiff, v. INDIANA DEPARTMENT OF CORRECTION, BRUCE LEMON Commissioner of Indiana Department of Correction, INDIANA STATE PRISON, BRUCE WILSON Superintendent, Indiana State Prison, COLLINS Correctional Officer, LACOURSE Correctional Officer, CORRECTIONAL MEDICAL SERVICES INC, JOSEPH THOMPSON MD, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Fed. Question
Nature of Suit: 555 Prisoner Petitions - Prison Condition
Source: PACER


Attorney(s) appearing for the Case

NATHAN ANDERSON, Plaintiff, Pro Se.

INDIANA STATE PRISON, Defendant, Pro Se.

BRUCE WILSON, Defendant, Pro Se.

COLLINS, Correctional Officer, Defendant, Pro Se.

LACOURSE, Defendant, Pro Se.

CORRECTIONAL MEDICAL SERVICES INC, Defendant, Pro Se.

JOSEPH THOMPSON MD, Defendant, Pro Se.


Entry Discussing Request to Proceed on Appeal In Forma Pauperis

TANYA WALTON PRATT, District Judge.

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 is no objectively reasonable argument the plaintiff could present to argue that the disposition of this action was erroneous. No final judgment was entered in this action. Instead, this action was transferred to the Northern District of Indiana for resolution after screening pursuant to 28 U.S.C. § 1915A. 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 [15], is denied.

IT IS SO ORDERED.


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