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- ilcd;;1:16-cv-01378_de65 RegisterActionDate "2019-03-13" @default.
- ilcd;;1:16-cv-01378_de65 RegisterActionDescriptionText "TEXT ORDER entered by Judge Joe Billy McDade on 3/13/2019. On October 16, 2018, the Court granted Defendants motion for summary judgment on the issue of exhaustion and judgment entered. Plaintiff now files 45 , requesting leave to proceed in forma pauperis on appeal. Under 28 U.S.C. § 1915(a)(3), "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." A good faith appeal is an appeal that "a reasonable person could suppose... has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). The Court had found that Plaintiff filed his complaint only nine weeks after he submitted one relevant grievance and failed to exhaust the grievance process as to the other two. The Court found that Plaintiffs remedies were available to him, but that he filed his lawsuit prematurely and failed to properly exhaust. The Court finds, therefore, that Plaintiff has not stated a good faith basis for appeal and certifies, pursuant to 28 U.S.C. § 1915(a)(3), that Plaintiff's appeal is not in good faith. See also Fed. R. App. P. 24(a)(4)(B). Plaintiff's Motion for Permission to Appeal in forma pauperis 45 is DENIED. If Plaintiff seeks to contest this Court's finding, he must renew his Motion for Permission to Appeal in forma pauperis in the Court of Appeals within 30 days after service of this order. Fed. R. App. P. 24(a)(5). The Clerk is directed to send a copy of this Order to the Seventh Circuit Court of Appeals. (VH, ilcd) (Entered: 03/13/2019)" @default.
- ilcd;;1:16-cv-01378_de65 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01378_de65 hasReferenceToOtherEntry ilcd;;1:16-cv-01378_de61 @default.