United States District Court, N.D. Illinois, Eastern Division
October 18, 2004.
Versuslaw JONES, Plaintiff,
MARIAM HARRISON, Defendant.
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
Plaintiff Lois Jones brought this pro se action against
defendant Cook County Probate Judge Miriam Harrison, alleging
slander, conspiracy, violation of rights under the Fourteenth
Amendment, and violation of 42 U.S.C. § 1983. We denied
plaintiff's petition to proceed in forma pauperis and her four
successive motions to reconsider. See Jones v. Harrison, 2004
WL 1088232 (N.D.Ill. 2004); Jones v. Harrison, 2004 WL 1199568
(N.D.Ill. 2004); Jones v. Harrison, 2004 WL 1803355 (N.D.Ill.
2004); Jones v. Harrison, 2004 WL 2095646 (N.D.Ill. 2004);
Jones v. Harrison, 2004 WL 2260639 (N.D.Ill. 2004). Plaintiff
has now filed a "Notice of Appeal." We understand this as a
petition for leave to appeal in forma pauperis our decision to
deny her original petition.
An appeal may not be taken in forma pauperis if the trial
court certifies that it is not taken in good faith.
28 U.S.C. § 1915(a). The Seventh Circuit has cautioned that it is
"presumptively erroneous" for a court to grant leave to appeal
in forma pauperis after dismissing a suit as frivolous. Hains
v. Washington, 131 F.3d 1248, 1250 (7th Cir. 1997) (citing
Tolefree v. Cudahy, 49 F.3d 1243, 1244 (7th Cir. 1995)).
Nonetheless, "[e]xceptional cases may arise in which a district
court grants leave to appeal in forma pauperis to a plaintiff
who appeals a close question under § 1915A in good faith." Hains,
131 F.3d at 1250. As our previous decisions on plaintiff's
various motions to reconsider make clear, this is not one of
those exceptional cases. Plaintiff has failed to state any basis
for appeal in her new motion. For the reasons stated in our
previous decisions in this case, we find that this appeal lacks
an arguable basis and deny plaintiff leave to appeal in forma
Plaintiff's motion for leave to appeal in forma pauperis is
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