JOHNSON v. SIBLEY

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

CHRISTOPHER MICHAEL JOHNSON, ) ) Plaintiff, ) ) v. ) No. 1:18-cv-01088-JPH-TAB ) ARTHUR SIBLEY, et al. ) ) Defendants. )

ORDER DENYING MOTION FOR LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS The Court entered final judgment for the defendants in this action on September 20, 2019. Dkt. 81; see dkt. 80 (granting defendants' motion for summary judgment). Plaintiff Christopher Michael Johnson appealed, dkt 83, and the Seventh Circuit dismissed the appeal on March 4, 2020, for failure to pay the appellate filing fee, see dkt. 93 (mandate). Mr. Johnson now has filed another notice of appeal and motion for leave to proceed on appeal in forma pauperis. Dkts. 96, 100. "An appeal may not be taken in forma pauperis if the trial court certifies that the appeal is not taken in good faith." 28 U.S.C. § 1915(a)(3). "Good faith" within the meaning of § 1915 is judged by an objective, not a subjective, standard. See Thomas v. Zatecky, 712 F.3d 1004, 1006 (7th Cir. 2013) ("bad faith" is understood to mean objective frivolousness). There is no objectively reasonable argument Mr. Johnson could present to argue that the disposition of this case was erroneous. Moreover, his notice of appeal is untimely by several months. In pursuing an appeal, therefore, he "is acting in bad faith . . . [because] to sue in bad faith means merely to sue on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit." Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Accordingly, his appeal is not taken in good faith, and for this reason his request leaveto proceedon appeal in forma pauperis, dkt. [100], is DENIED. SO ORDERED. Date: 10/30/2020 Sjamu Patrick hawlove James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution:

CHRISTOPHER MICHAEL JOHNSON 270993 Grayson Co. Detention Center 320 Shaw Station Road Leitchfield, KY 42754

Andrew J. Upchurch OFFICE OF CORPORATION COUNSEL andrew.upchurch@indy.gov