UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
April 6, 2012
JOSE SANCHEZ-SORIANO, PLAINTIFF,
UNITED STATES OF AMERICA, 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 Jose Sanchez-Soriano's motion for leave to proceed on appeal in forma pauperis (Doc. 174). 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)(1) & (3); Fed. R. App. P. 24(a)(3)(A). 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).
The Court is satisfied from Sanchez-Soriano's affidavit that he is indigent. It also believes this appeal is in good faith and not frivolous. Accordingly, the Court GRANTS Sanchez-Soriano's motion for leave to proceed on appeal in forma pauperis (Doc. 174) and DIRECTS the Clerk of Court to send a copy of this order to the Court of Appeals for use in conjunction with appeal number 12-1769.
IT IS SO ORDERED.
J. Phil Gilbert
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