United States District Court, M.D. Georgia, Macon Division
ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO
PROCEED IN FORMA PAUPERIS ON APPEAL
E. SELF, III, JUDGE
the Court is Plaintiff Clyde Franklin Holland's Motion
for Leave to Proceed in Forma Pauperis on Appeal
[Doc. 66]. Plaintiff is appealing from the Court's
adoption of the Magistrate Judge's Report and
Recommendation [Doc. 61] which recommended that the Court
grant the Defendants' Motion for Summary Judgment [Doc.
45]. See [Doc. 63] (order adopting Report and
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.
. . .
(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, Fed. R. App. P. 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 was
previously granted in forma pauperis status by
demonstrating that he had no money in his inmate trust
account and no recent deposits and he now attests to the
same. See [Doc. 2] (Plaintiff's Motion for Leave
to Proceed in Forma Pauperis in district court).
See also [Doc. 66] (Plaintiff's current Motion
for Leave to Proceed in Forma Pauperis).
Consequently, the Court finds that Plaintiff is unable to pay
the $505 appellate filing fee.
the Court must determine if Plaintiff has satisfied the good
faith requirement. “‘[G]ood faith' . . . must
be judged by an objective standard.” Coppedge v.
United States, 369 U.S. 438, 445 (1962). A 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 ...