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ORDER
On August 26, 2008, the Court dismissed this action on grounds of the
the Court’s dismissal, which was denied on September 26, 2008 [28].
dismissal orders [29]. Plaintiffs did not pay the appeal fee and docketing fees. On
October 24, 2008, Plaintiffs filed a motion to proceed on appeal in forma pauperis.
Case 1:08-cv-01971-WSD Document 34 Filed 12/23/2008 Page 2 of 3
by a showing that the person seeking in forma pauperis status is “unable to pay”
the fees associated with the proceeding or to give security for such fees. 28 U.S.C.
1915(a)(3), which provides, “[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.” Id. § 1915(a)(3);
see also Fed. R. App. P. 24(a)(3) (“A party who was permitted to proceed in forma
without further authorization, unless: (A) the district court . . . certifies that the
appeal is not taken in good faith . . . .”). An appeal is not taken in good faith if it is
frivolous. See Busch v. County of Volusia, 189 F.R.D. 687, 692-93 (M.D. Fla.
1999); DeSantis v. United Techs. Corp., 15 F. Supp. 2d 1285, 1289 (M.D. Fla.
1998), aff’d 193 F.3d 522 (11th Cir. 1999); see generally Napier v. Preslicka, 314
F.3d 528, 531 (11th Cir. 2002) (holding action is frivolous under § 1915 if it is
forma pauperis on appeal which states that his monthly income comes solely from
Social Security disability payments and his monthly expenditures exceed his
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Case 1:08-cv-01971-WSD Document 34 Filed 12/23/2008 Page 3 of 3
income [30]. Plaintiff accordingly is unable to pay for his appeal. The Court also
finds that Plaintiffs’ appeal is not frivolous for the purposes of appellate review.
_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE
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