Cox v. Dees

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION MICHAEL E. COX, ) Plaintiff, v. No. 1:22-cv-00105-SNLJ FLINT DEES, et al., Defendants. MEMORANDUM AND ORDER This matter is before the Court on plaintiffs motion to proceed in forma pauperis on appeal. (Docket No. 9). When this Court dismissed plaintiff's case, it certified in writing that an appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3) (providing that “[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith”). It is not apparent that plaintiff now seeks appellate review of any issue that is not frivolous. See Coppedge v. United States, 369 U.S. 438, 445 (1962) (explaining that “good faith” is “judged by an objective standard,” and that it is “demonstrated when [plaintiff] seeks appellate review of any issue not frivolous”). Additionally, in his motion, plaintiff asserts that he refuses to provide an inmate account statement, as required. The Court will therefore deny the motion. Accordingly, IT IS HEREBY ORDERED that plaintiffs motion for leave to proceed in forma pauperis on appeal (Docket No. 9) is DENIED. Dated this 16™ day of November, 2022. LE q Lf / Lfine feet eagh fy. SENIOR UNITED STATES DISTRICT JUDGE