United States District Court, M.D. Georgia, Macon Division
T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT
has filed a notice of appeal as to the Court's Order
granting summary judgment against him and now, pursuant to
the Eleventh Circuit's direction, moves in this Court to
proceed on appeal in forma pauperis. Docs. 107; 109; 110.
Applications to appeal in forma pauperis are governed by 28
U.S.C. § 1915 and Federal Rule of Appellate Procedure
24. 28 U.S.C. § 1915 provides:
(a)(1) [A]ny court of the United States may authorize the
commencement, prosecution or defense of any suit, action or
proceeding, civil or criminal, or appeal therein, without
prepayment of fees or security therefore, by a person who
submits an affidavit that includes a statement of all assets
such prisoner possesses that the person is unable to pay such
fees or give security therefor. Such affidavit shall state
the nature of the action, defense or appeal and affiant's
belief that the person is entitled to redress.
(2) A prisoner seeking to bring a civil action or appeal a
judgment in a civil action or proceeding without prepayment
of fees or security therefor, in addition to filing the
affidavit filed under paragraph (1), shall submit a certified
copy of the trust fund account statement (or institutional
equivalent) for the prisoner for the 6-month period
immediately preceding the filing of the complaint or notice
of appeal, obtained from the appropriate official of each
prison at which the prisoner is or was confined.
(3) An appeal may not be taken in forma pauperis if the trial
court certifies in writing that it is not taken in good
Similarly Federal Rule of Appellate Procedure 24(a) provides:
(1) [A] party to a district-court action who desires to
appeal in forma pauperis must file a motion in the district
court. The party must attach an affidavit that:
(A) shows . . . the party's inability to pay or to give
security for fees and costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on
(2) If the district court denies the motion, it must state
its reasons in writing.
the Court must make two determinations when faced with an
application to proceed in forma pauperis. First, it must
determine whether the plaintiff is financially able to pay
the filing fee required for an appeal. Plaintiff has
submitted neither an up-to-date affidavit under 28 U.S.C.
§ 1915(a)(1), nor a certified trust fund account
statement covering the six-month period preceding his appeal
under 28 U.S.C. § 1915(a)(2). That said, he asserts in
his motion that “on account of his status as a state
prisoner/pauper, [he] is unable to prepay the fees, costs or
give security therefor, and requests to proceed without being
required to prepay.” Doc. 110 at 1.
Plaintiff had filed the financial affidavit and trust fund
account statement and further assuming that they confirm that
Plaintiff is unable to pay the filing fee, the Court would
still deny the application because the appeal would not be
taken in good faith.
faith' . . . must be judged by an objective
standard.” Coppedge v. United States, 369 U.S.
438, 445 (1962). The plaintiff demonstrates good faith when
he seeks review of a non-frivolous issue. Id.;
Morris v. Ross, 664 F.2d 1032, 1033 (11th Cir.
1981). An issue “is frivolous if it is ‘without
arguable merit either in law or fact.'” Napier
v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002).
“Arguable means being capable of being convincingly
argued.” Sun v. Forrester, 939 F.2d 924, 925
(11th Cir. 1991) (quotation marks and citations omitted);
Carroll v. Gross, 984 F.2d 392, 393 (11th Cir.1993)
(“[A] case is frivolous . . . when it appears the
plaintiff ‘has little or no chance of
success.'”) (citations omitted). “In deciding
whether an [in forma pauperis] appeal ...