Engel v. MODOC

Opinion

EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

JOSEPH MICHAEL DEVON ENGEL, ) ) Plaintiff, ) ) v. ) No. 4:20-CV-1796-NCC ) MODOC, et al., ) ) Defendants. )

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff Joseph Michael Devon Engel’s motion for leave to proceed in forma pauperis on appeal (ECF No. 9). During the proceedings in this United States District Court, plaintiff proceeded pro se and in forma pauperis. However, when the Court dismissed this action on April 30, 2021, the Court certified that an appeal would not be taken in good faith, see 28 U.S.C. § 1915(a)(3), and 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). Further, plaintiff has repeatedly filed meritless lawsuits in this Court, to the point his litigation practices have risen to the level of abuse of the judicial process. The Court therefore finds plaintiff may not proceed in forma pauperis on appeal. The instant motion will be denied. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis on appeal (ECF No. 9) is DENIED. in connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. Dated this 6th day of July, 2021. /s/ Noelle C. Collins NOELLE C. COLLINS UNITED STATES MAGISTRATE JUDGE