JONES
v.
BANK OF AMERICA
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The court held that the plaintiff's notice of appeal, construed as a motion to proceed in forma pauperis, is denied because the appeal is not taken in good faith.
The plaintiff filed a notice of appeal and requested his affidavit of indigency be forwarded. The court construed this as a motion for leave to appeal…
The full statement of facts, procedural history, and disposition for this case are member content.
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BANK OF AMERICA and STATE OF FLORIDA,
Defendants. /
ORDER1
Before the Court is Plaintiff’s Notice of Appeal (Doc. 26). In the Notice, Plaintiff “request[s] that the [C]ourt forward his affidavit of indigency.” (Doc. 26 at 1). Previously, the Court noted Plaintiff’s perfunctory request buried in a notice of appeal was insufficient. (Doc. 22). Regardless, the Court liberally construes this as a motion for leave to appeal in forma pauperis (“IFP”) because it appears that is what Plaintiff intends. And the request is denied because this appeal is not taken in good faith. 28 U.S.C. § 1915 and Federal Rule of Appellate Procedure 24 govern IFP motions. To proceed IFP on appeal, two elements are required: (1) the party must show an inability to pay; and (2) the appeal must be brought in good faith. An appeal may not be taken IFP if the district court certifies (in writing) the appeal is not taken in good faith. 28 U.S.C.§ 1915(a)(3). Under an objective standard, good faith demands a nonfrivolous issue. Coppedge v. United States, 369 U.S. 438, 445 (1962).
jurisdiction. (Doc. 18). Before dismissal, Plaintiff had the chance to amend and cure the jurisdictional deficiencies. Yet he could not do so. What is more, Plaintiff neglected to name the issues he intends to appeal, like the Rules require. Fed. R. App. P. 24(a)(1)(C). The Court, therefore, finds and certifies the appeal is not taken in good faith. So the Notice, liberally construed as an IFP motion, is denied. Any additional request to proceed IFP on appeal should be sent to the Eleventh Circuit. Fed. R. App. P. 24(a)(5). Again, Plaintiff is encouraged to use the available pro se litigant resources.2 Accordingly, it is now ORDERED:
1. Plaintiff’s Notice of Appeal (Doc. 26), liberally construed as a motion for leave to appeal in forma pauperis, is DENIED.
2. Under 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24(a), the Court CERTIFIES this appeal is not taken in good faith.
3. The Clerk is DIRECTED to immediately forward a copy of this Order to Plaintiff and the Clerk for the United States Court of Appeals for the Eleventh Circuit.
Lhe hlatrrthe 7
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record