UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS
April 12, 2010
ALLAN O. MOORE, SR., PETITIONER,
DONALD GAETZ,*FN1 WARDEN, MENARD CORRECTIONAL CENTER, RESPONDENT.
The opinion of the court was delivered by: Michael M. Mihm United States District Judge
Now before the Court is Allan O. Moore, Sr.'s ("Moore") Motion to Proceed In Forma Pauperis on Appeal. For the reasons set forth below, Moore's Motion [#15] is DENIED.
Title 28 U.S.C. § 1915(a)(3) provides that "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." While this Court found that Moore's appeal is without merit in its January 19, 2010,*fn2 Order denying his Motion for Certificate of Appealability, the Seventh Circuit has suggested that a finding of bad faith is a higher standard. Newlin v. Helman, 123 F.3d 429, 433 (7th Cir. 1997). However, more recent case law has backed away from Newlin, finding that bad faith is essentially equivalent to a finding of frivolousness. Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). "[T]o 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." Id. Under this formulation of the standard, the Court can certify that this appeal is not being taken in good faith where Moore has not made a substantial showing of the denial of a constitutional right. See 1/19/2010 Order, Dkt 8. His Motion to Proceed In Forma Pauperis on Appeal [#15] is therefore DENIED.*fn3
ENTERED this 12th day of April, 2010.