United States District Court, W.D. Tennessee
September 3, 2014
JOHN BRAGORGOS, Plaintiff,
BOBBY RILES, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FOR SUMMARY JUDGMENT
JAMES D. TODD, District Judge.
On August 14, 2014, Magistrate Judge Charmiane G. Claxton issued a report and recommendation on the motion for summary judgment of Defendants Bobby Riles, Eric Cook, Jamie Jenkins, and Helyen Keith [DE#s 37, 38]. Magistrate Judge Claxton has recommended that Defendants' motion for summary judgment be granted [DE# 42]. No objections have been filed.
Therefore, Magistrate Judge Claxton's report and recommendation is ADOPTED, and Defendants' motion is GRANTED. The clerk is DIRECTED to enter judgment accordingly.
The court must also consider whether Plaintiff should be allowed to appeal this decision in forma pauperis, should he seek to do so. Pursuant to the Federal Rules of Appellate Procedure, a non-prisoner desiring to proceed on appeal in forma pauperis must obtain pauper status under Fed. R. App. P. 24(a). See Callihan v. Schneider , 178 F.3d 800, 803-04 (6th Cir. 1999). Rule 24(a) provides that if a party seeks pauper status on appeal, he must first file a motion in the district court, along with a supporting affidavit. Fed. R. App. P. 24(a)(1). However, Rule 24(a) also provides that if the district court certifies that an appeal would not be taken in good faith, or otherwise denies leave to appeal in forma pauperis, the party must file his motion to proceed in forma pauperis in the Court of Appeals. Fed. R. App. P. 24(a)(4)-(5).
The good faith standard is an objective one. Coppedge v. United States , 369 U.S. 438, 445 (1962). The test for whether an appeal is taken in good faith is whether the litigant seeks appellate review of any issue that is not frivolous. Id . The same considerations that lead the court to grant summary judgment in this case also compel the conclusion that an appeal would not be taken in good faith.
It is CERTIFIED, pursuant to Fed. R. App. P. 24(a), that any appeal in this matter by Plaintiff is not taken in good faith. Leave to proceed on appeal in forma pauperis is, therefore, DENIED. Accordingly, if Plaintiff files a notice of appeal, he must also pay the full appellate filing fee or file a motion to proceed in forma pauperis and supporting affidavit in the Sixth Circuit Court of Appeals within thirty (30) days.
IT IS SO ORDERED.