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Lister v. Commissioner of Social Security

United States District Court, Northern District of Illinois


September 21, 2011

LISTER
v.
COMMISSIONER OF SOCIAL SECURITY

Name of Assigned Judge or Magistrate Judge Virginia M. Kendall Sitting Judge if Other than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT:

Plaintiff's motion for leave to appeal in forma pauperis Docket No. [16] is denied. The Court certifies that the appeal is not taken in good faith and orders Plaintiff to pay the appellate fees of $455 within fourteen days or the Court of Appeals may dismiss her appeal for want of prosecution. The clerk is directed to send a copy of this order to the PLRA Attorney, U.S. Court of Appeals for the Seventh Circuit.

O [For further details see text below.] Docketing to mail notices.

STATEMENT

Plaintiff has filed a notice of appeal from the opinion entered on August 17, 2011 and seeks leave to proceed in forma pauperis. For the reasons stated in the August 17th opinion, mainly that Plaintiff's allegations are too incomprehensible to state a claim and that Plaintiff's prior application to proceed IFP contains inconsistencies and possible misrepresentations, the Court finds that this action does not raise a substantial issue meriting appellate review. As Plaintiff has raised none in her motion for leave to appeal in forma pauperis, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that the appeal is not in good faith and that no appeal should be taken. When a suit is found to be frivolous, an ensuing appeal generally cannot be "in good faith" under § 1915(a)(3). Moran v. Sondalle, 218 F.3d 647, 650 (7th Cir. 2000).

Under the rules of the U.S. Court of Appeals for the Seventh Circuit Court, if the district court certifies that an appeal is not taken in good faith, the appellant cannot prosecute the appeal in forma pauperis but rather must pay the appellate fees in full for the appeal to go forward. Consequently, Plaintiff must pay the full $455 within fourteen days or the Court of Appeals may dismiss her appeal for want of prosecution. See Evans v. Illinois Dept. of Corrections, 150 F.3d 810, 812 (7th Cir. 1998). If Plaintiff wishes to contest this Court's finding that the appeal is not taken in good faith, she must file a motion with the Court of Appeals seeking review of this Court's certification within thirty days of service of this order. See Fed. R. App. P. 24(a)(5).

Payment shall be sent to the Clerk, United States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor. Payment should clearly identify Plaintiff's name, as well as the district court and appellate court case numbers assigned to this action.

The clerk is directed to send a copy of this order to the PLRA Attorney, United States Court of Appeals for the Seventh Circuit.

20110921

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