Engel v. Missouri Department of Corrections

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION JOSEPH MICHAEL DEVON ENGEL ) Plaintiff, Vv. No. 1:20-cv-00269-NCC MISSOURI DEPARTMENT OF CORRECTIONS, et al., ) Defendants. MEMORANDUM AND ORDER This matter is before the Court on plaintiffs motion to proceed in forma pauperis on appeal. (Docket No. 15). When this Court dismissed plaintiffs 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 1s “demonstrated when [plaintiff] seeks appellate review of any issue not frivolous”). The Court will therefore deny the motion. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis on appeal (Docket No. 15) is DENIED.

RONNIE L. WHITE UNITED STATES DISTRICT JUDGE

Dated this 13th day of May, 2021.