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Case 1:12-cv-00451-JMS-DML Document 36 Filed 09/10/13 Page 1 of 2 PageID #: 1071

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION



JAMES R. LEE,

v.





DUSHAN ZATECKY,












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No: 1:12-cv-451-JMS-DML



Petitioner,




Respondent.



Entry Discussing Request to Proceed on Appeal

In Forma Pauperis and Motion for Certificate of Appealability


I.



The petitioner seeks leave to proceed on appeal without prepayment of the appellate fees

of $455.00. An appeal may not be taken in forma pauperis if the trial court certifies that the

appeal is not taken in good faith. 28 U.S.C. § 1915; see Coppedge v. United States, 369 U.S. 438

(1962). "Good faith" within the meaning of § 1915 must be judged by an objective, not a

subjective, standard. See id. There is no objectively reasonable argument the petitioner could

present to argue that the disposition of this action was erroneous. In pursuing an appeal,

therefore, the petitioner “is acting in bad faith . . . [because] to 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.” Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Accordingly,

his appeal is not taken in good faith, and for this reason his request for leave to proceed on

appeal in forma pauperis [dkt. 29] is denied.





Case 1:12-cv-00451-JMS-DML Document 36 Filed 09/10/13 Page 2 of 2 PageID #: 1072

II.



The petitioner’s motion for certificate of appealability [dkt. 32] is denied for the same

reasons set forth in the court’s July 30, 2013, Entry.

IT IS SO ORDERED.





Date: __________________


Distribution:

James Lee
DOC # 932536
Pendleton Correctional Facility
4490 West Reformatory Road
Pendleton, IN 46064

Electronically registered counsel


09/10/2013 _______________________________ Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana