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- ilcd;;1:17-cv-01079_de23 RegisterActionDate "2017-06-26" @default.
- ilcd;;1:17-cv-01079_de23 RegisterActionDescriptionText "TEXT ORDER entered by Judge Harold A. Baker on 6/26/2017. Plaintiff's has filed an amended notice of appeal, asserting that his initial notice of appeal violated Federal Rule of Appellate Procedure 3. Plaintiff has also filed a motion for leave to proceed in forma pauperis on appeal. Title 28 U.S.C. Sec 1915(a)(3) provides that "an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." Id. An appeal taken in "good faith" is not about the movant's sincerity or motivation. 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 has reviewed Plaintiff's motion, his notice of appeal, and the Court's Orders, and the Court does not see an arguable good faith basis for appeal. Accordingly, the Court certifies pursuant to 28 U.S.C. Sec 1915(a)(3) that Plaintiff's petition to appeal in forma pauperis is not in good faith, and the motion 17 is DENIED. If Plaintiff wishes to contest this Court's finding, he must renew his petition to proceed in forma pauperis with the Court of Appeals within 30 days after service of this Order. Fed. R. App. P. 24(a). The Clerk of the Court is directed to send a copy of this Order and Plaintiff's amended notice of appeal to the Seventh Circuit Court of Appeals. (KE, ilcd) (Entered: 06/26/2017)" @default.
- ilcd;;1:17-cv-01079_de23 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01079_de23 hasJudgeReference SJ001500 @default.
- ilcd;;1:17-cv-01079_de23 hasReferenceToOtherEntry ilcd;;1:17-cv-01079_de22 @default.