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Jackson v. Massac County

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 14, 2009

FREDDIE C. JACKSON, PETITIONER,
v.
MASSAC COUNTY, ILLINOIS, RESPONDENT.

The opinion of the court was delivered by: Gilbert, District Judge

MEMORANDUM AND ORDER

The Court dismissed the petition for failure to state a upon which relief may be granted. Now before the Court is a document from Petitioner Jackson that has been construed as a motion for relief from judgment, filed pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. Rule 60(b) provides for relief from judgment for "mistake, inadvertence, surprise, or excusable neglect." FED.R.CIV.P. 60(b)(1). See generally Bell v. Eastman Kodak Co., 214 F.3d 798, 801 (7th Cir. 2000); Parke-Chapley Constr. Co. v. Cherrington, 865 F.2d 907, 915 (7th Cir. 1989); Swam v. United States, 327 F.2d 431, 433 (7th Cir.), cert. denied, 379 U.S. 852 (1964). In this motion, Jackson refers to various Illinois statutes, but these citations have no bearing on the dismissal of this action. Therefore, Jackson has not presented any argument warranting relief under Rule 60(b), and the motion for reconsideration (Doc. 7)is DENIED.

Jackson has also filed a motion for leave to proceed in forma pauperis on appeal (Doc. 10). "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. § 1915(a)(3). A plaintiff is "acting in bad faith in the more common legal meaning of the term... [when he sues]... 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). Further, "an appeal in a frivolous suit cannot be 'in good faith' under § 1915(a)(3), because 'good faith' must be viewed objectively." Moran v. Sondalle, 218 F.3d 647, 650 (7th Cir. 2000). See also Lee, 209 F.3d at 1026; Tolefree v. Cudahy, 49 F.3d 1243, 1244 (7th Cir. 1995) ("[T]he granting of leave to appeal in forma pauperis from the dismissal of a frivolous suit is presumptively erroneous and indeed self-contradictory.")

This action was dismissed for failure to state a claim, and Jackson has offered no argument indicating why this Court's conclusion was incorrect. Therefore, the Court CERTIFIES that this appeal is not taken in good faith; accordingly, the motion for leave to proceed in forma pauperis on appeal is DENIED. Jackson shall tender the appellate filing and docketing fee of $455 to the Clerk of Court in this District, or he may reapply to the Seventh Circuit Court of Appeals for leave to proceed in forma pauperis on appeal.

IT IS SO ORDERED.

J. Phil Gilbert U. S. District Judge

20090414

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