Case Information
*0 CA #10-3215 *1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA DR. BARRY EPPLEY, MD, DMD, ) _______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana
) Plaintiff, )
vs. ) No. 1:09-cv-386-SEB-DML )
LUCILLE IACOVELLI, )
)
Defendant. ) Entry Discussing Request to Proceed on Appeal In Forma Pauperis
Non-party Richard Bergeron’s request for leave to proceed on appeal in forma pauperis (dkt 219) is denied.
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. Id . There is no objectively reasonable argument which Mr.
Bergeron could present to argue that the order finding him in contempt or the order
imposing sanctions for such contempt were erroneous–nor does his request for leave to
proceed on appeal in forma pauperis even suggest such an argument. In pursuing an appeal, the plaintiff “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).
IT IS SO ORDERED. 10/07/2010
Date: *2 Distribution:
Gary P. Price
gprice@lewis-kappes.com
Todd Arthur Richardson
trichardson@lewis-kappes.com
Joseph Peter Rompala
jrompala@lewis-kappes.com
Lucille Iacovelli
3 Deer Hollow Road
Forestdale, MA 02644
Rich Bergeron
107 Cotton Hill Road
Belmont, NH 03220