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Aiken v. Kemp

United States District Court, S.D. Georgia, Dublin Division

April 29, 2015

JAY AIKEN, Plaintiff,
v.
RALPH KEMP, Warden; CORRECTIONS CORPORATION OF AMERICA; BRIAN OWENS, Commissioner, Georgia Department of Corrections; DAMON HININGER, CEO; MELODY TURNER, Regional Director; MRS. POPE, Unit Manager; MEDICAL DEPARTMENT WHEELER; LISA FOUNTAIN, Internal Affairs; SERGEANT KING, Defendants.

ORDER

DUDLEY H. BOWEN, District Judge.

On February 18, 2015, the United States Magistrate Judge reported and recommended that the Court dismiss Plaintiff's prisoner civil rights complaint without prejudice because Plaintiff had abused the judicial process by providing dishonest information about his prior filing history. (Doc. no. 25.) On March 2, 2015, Plaintiff filed a notice of appeal as to the report and recommendations ("R&R"). (Doc. no. 27.) The Court adopted the R&R, to which no objections were filed. (Doc. no. 30.) On March 23, 2015, Plaintiff filed a motion to proceed in forma pauperis on appeal. (Doc. no. 32.)

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 D.S.C. ยง 1915(3). For the reasons stated in the R&R and the adoption Order, the Court finds that Petitioner's appeal is not taken in good faith.

IT IS ORDERED that Petitioner's motion for leave to proceed in forma pauperis (doc. no. 32) is DENIED.


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