Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

Matthew F. Kennelly Sitting Judge if Other

than Assigned Judge

CASE NUMBER 12 C 2155 DATE July 9, 2012

CASE

TITLE

Bennie Ellison (#R-00575) v. Cook County Sheriff, et al.

DOCKET ENTRY TEXT:

Plaintiff has filed a Notice of Filing that the Court construes as a motion for leave to appeal in forma pauperis [#15]. The

motion is denied. The Court certifies that the appeal is not taken in good faith and orders the plaintiff to pay the appellate

fees of $455 within fourteen days or the Court of Appeals may dismiss his 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 judgment entered on March 29, 2012, and seeks leave to

proceed in forma pauperis. For the reasons stated in the March 29, 2012, order, the Court finds that this action

does not raise a substantial issue meriting appellate review. As Plaintiff has raised none in his 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 his 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, he 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).

In sum, Plaintiff’s motion for leave to appeal in forma pauperis is denied. Plaintiff is ordered to remit

to the Clerk of the Court the $455 appellate fee within fourteen days of the date of this order. If Plaintiff fails to

comply with this order, the Court of Appeals may dismiss his appeal. Plaintiff is responsible for ensuring

payment of the filing fees as directed by this order, and should ensure that the institution having custody of him 

(CONTINUED)

AWL

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STATEMENT (continued)

transmits the necessary funds. Nonpayment for any reason other than destitution shall be construed as a voluntary

relinquishment of the right to file future suits in forma pauperis. The obligation to ensure full payment of the filing

fees imposed by this order shall not be relieved by release or transfer to another prison. Plaintiff is under a

continuing obligation to inform the Clerk of this Court in writing of any change of address within seven days.

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.

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