United States District Court, E.D. Louisiana
ORDER AND REASONS
S. VANCE UNITED STATES DISTRICT JUDGE
the Court is defendant Sonny Allen's motion to proceed
in forma pauperis on appeal. Because his appeal has no
basis and is not in good faith, the Court denies the motion.
is a federal prisoner incarcerated at the Oakdale Federal
Correctional Institution in Oakdale, Louisiana. Allen was tried
by a jury and convicted of conspiracy to distribute and
possess cocaine. He was sentenced to imprisonment for 240
appealed the judgment to the Fifth Circuit, which affirmed
the jury verdict and Allen's sentence on September 1,
2016. On November 5, 2018, Allen filed a notice
of appeal, stating that he was appealing the Court's
denial of an appeal motion dated February 6,
2016. No. such order, dated February 6, 2016,
exists in the record.
claimant may proceed with an appeal in forma
pauperis if he meets three requirements. First, the
claimant must submit “an affidavit that includes a
statement . . . that [he] is unable to pay such fees or give
security therefor.” 28 U.S.C. § 1915(a)(1). Based
on this information, the district court must determine
whether the costs of appeal would cause an undue financial
hardship. See Prows v. Kastner, 842 F.2d 138, 140
(5th Cir. 1998). Second, the claimant must provide the court
with an affidavit that “states the issues that the
party intends to present on appeal.” Fed. R. App. P.
24(a)(1)(C); accord 28 U.S.C. § 1915(a)(1)
(“Such affidavit shall state the nature of the . . .
appeal and affiant's belief that the person is entitled
to redress.”). Third, the claimant's appeal must be
“taken in good faith.” 28 U.S.C. §
1915(a)(3); Fed. R. App. P. 24(a)(4)(B). “Good faith is
demonstrated when a party seeks appellate review of any issue
‘not frivolous.'” Howard v. King,
707 F.2d 215, 220 (5th Cir. 1983) (citing Coppedge v.
United States, 369 U.S. 438, 445 (1962)). Good faith
“does not require that probable success be shown,
” but rather “is limited to whether the appeal
involves legal points arguable on their merits (and therefore
not frivolous).” United States v.
Arroyo-Jurado, 477 Fed.Appx. 150, 151 (5th Cir. 2012).
“A complaint is frivolous if it lacks an arguable basis
either in law or in fact.” Kingery v. Hale, 73
Fed.Appx. 755 (5th Cir. 2003) (citing Denton v.
Hernandez, 504 U.S. 25, 31-33 (1992)).
motion to proceed in forma pauperis suggests that he
is unable to pay the fees related to an appeal. The motion
and supporting documentation indicate that his current inmate
balance is $36.04, and he has no other assets. But Allen does
not state the basis for his appeal as required by the Federal
Rules of Appellate Procedure. In addition, his appeal is not
in good faith, because Allen seeks to appeal a ruling that
does not exist. Allen's description of the order he seeks
to appeal does not match any of the Court's orders in
this case. The appeal therefore has no basis in law or fact,
and his motion to proceed in forma pauperis must be
foregoing reasons, petitioner's motion for leave to
appeal in forma pauperis is DENIED.
 R. Doc. 536.