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Strickland v. Mortgage Lenders Network Usa, Inc.

United States District Court, M.D. Georgia, Macon Division

December 5, 2014

ANDRE STRICKLAND and PATRICIA STRICKLAND, Plaintiffs,
v.
MORTGAGE LENDERS NETWORK USA INC., et al., Defendants.

ORDER

MARC T. TREADWELL, District Judge.

Before the Court is Plaintiffs' notice of appeal (Doc. 6) and an affidavit in support of a request to proceed on appeal in forma pauperis (Doc. 7).[1] The Plaintiffs seek to appeal the Court's November 19, 2014 Order (Doc. 5) denying their motion to remove an action they filed in state court. However, the Plaintiffs' stated issue of what they intend to present on appeal does not mention removal. Rather, the Plaintiffs allege: "[t]his Appeal is to the U.S. Court of Appeals for the Eleventh Circuit, with actions and executions arising from such order including but not limited to the Order of the granting of foreclosure of the subject real property, Possession and Writ of Possession." (Doc. 6). The Court's November 19, 2014 Order did not address foreclosure of property.

"An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. ยง 1915(a)(3). "Good faith' is judged from an objective standard and is satisfied when an appellant seeks review of any issue not frivolous.'" United States v. Carswell, 2008 WL 4831658, at * 2 (M.D. Ga.) (quoting Coppedge v. United States, 369 U.S. 438, 445 (1962)). For the reason the Court stated in its ruling - namely, that a plaintiff is not entitled to remove an action to federal court - the Court finds the Plaintiffs' appeal is not taken in good faith. Seeking appellate review of the issue presented in the November 19, 2014 Order is frivolous because the legal theory is "indisputably meritless" and the action is "without arguable merit either in law or fact."[2] Ghee v. Retailers Nat. Bank, 271 F.Appx. 858, 859-60 (11th Cir. 2008) (citations omitted).

The Plaintiffs' motion for leave to proceed on appeal in forma pauperis is DENIED. Any further requests to proceed in forma pauperis on appeal should be directed, on motion, to the United States Court of Appeals for the Eleventh Circuit, in accordance with Rule 24 of the Federal Rules of Appellate Procedure.

SO ORDERED.


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