UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
May 18, 2011
EDDIE J. SYKES, PLAINTIFF,
ADRIAN FEINERMAN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Eddie J. Sykes' Motion for Leave to Appeal in Forma Pauperis (Doc. 98).
A federal court may permit a party to proceed on appeal without full pre-payment of fees provided the party is indigent and the appeal is taken in good faith. 28 U.S.C. § 1915(a)(3) (2006); Fed. R. App. P. 24(a)(3). A frivolous appeal cannot be made in good faith. Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000). The test for determining if an appeal is in good faith or not frivolous is whether any of the legal points are reasonably arguable on their merits. Neitzke v. Williams, 490 U.S. 319, 325 (1989) (citing Anders v. California, 386 U.S. 738 (1967)); Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000).
Here, it cannot reasonably be disputed that Sykes failed to exhaust his administrative remedies (by not giving the director of the Illinois Department of Corrections a reasonable time to issue a final determination as to the findings of the Administrative Review Board). In fact, it was Sykes' failure to respond to Defendants' summary judgment motion and Magistrate Judge Clifford J. Proud's report and recommendation that led to the swift entry of judgment against him.
Being fully advised of the premises, the Court CERTIFIES that Sykes' appeal is not taken in good faith and DENIES the instant motion (Doc.98).
IT IS SO ORDERED.
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