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Soto-Ozuna v. United States

United States District Court, Southern District of Indiana, Indianapolis Division

April 13, 2015

JESUS SOTO-OZUNA, Petitioner,
v.
UNITED STATES OF AMERICA.

ENTRY DISCUSSING REQUEST TO PROCEED ON APPEAL IN FORMA PAUPERIS

TANYA WALTON PRATT, JUDGE United States District Court

The petitioner seeks leave to proceed on appeal without prepayment of the appellate fees of $505.00. 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; see Coppedge v. United States, 369 U.S. 438 (1962). "Good faith" within the meaning of § 1915 must be judged by an objective, not a subjective, standard. See id.

The petitioner is appealing the denial of his motion to amend his section 2255 motion, a non-final order. In pursuing an appeal, therefore, the petitioner “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 for leave to proceed on appeal in forma pauperis [dkt. 14] is denied.

IT IS SO ORDERED.


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