Engel v. MODOC

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JOSEPH MICHAEL DEVON ENGEL, ) Plaintiff, v. No. 4:20-CV-1671-AGF 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. 6). 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 May 28, 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. 6) is DENIED. IT IS FURTHER ORDERED that plaintiff shall file any future documents or pleadings in connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. Dated this 26th day of July, 2021.

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