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- ilcd;;1:17-cv-01043_de110 RegisterActionDate "2019-07-30" @default.
- ilcd;;1:17-cv-01043_de110 RegisterActionDescriptionText "TEXT ORDER entered by Judge Joe Billy McDade on 7/30/2019. On 6/27/19, the Court granted Defendants' motion for summary judgment, dismissing Plaintiff's claim that Defendants had exerted excessive force when they sprayed him with pepper spray and forcibly removed his hands from the chuckhole door which he was holding open despite orders to the contrary. Plaintiff now files 72 , a Motion for Leave to Appeal in forma pauperis. 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). In his motion and affidavit, however, Plaintiff fails to offer any argument, only generally claiming that the Court's various orders were in error. Accordingly, this Court 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 72 , 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. Plaintiff also files 71 , a request for recruitment of pro bono counsel on appeal. This request is premature as the Appellate Court has not granted leave to appeal and, furthermore, must be brought before the Appellate Court. 71 is, therefore, MOOT. (SAG, ilcd) (Entered: 07/30/2019)" @default.
- ilcd;;1:17-cv-01043_de110 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01043_de110 hasReferenceToOtherEntry ilcd;;1:17-cv-01043_de101 @default.
- ilcd;;1:17-cv-01043_de110 hasReferenceToOtherEntry ilcd;;1:17-cv-01043_de102 @default.