FRISHBERG
v.
UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES
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Plaintiff Frishberg sought to proceed on appeal in forma pauperis without prepayment of costs. The District Court denied the motion, finding that Frishberg failed to present any nonfrivolous issues for appellate review and did not comply with Federal Rules of Appellate Procedure requirements.
The Court denied Frishberg's motion to proceed without costs on appeal because he failed to establish a nonfrivolous argument for appellate review and did not comply with Federal Rules of Appellate Procedure by failing to present the issues he intended to raise on appeal.
[1] A party may not proceed on appeal *in forma pauperis* if the trial court certifies that the appeal is not taken in good faith.
[2] Good faith requires that an appeal present a nonfrivolous question for review.
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Join FLexlaw to unlock all legal intelligence“a party may not proceed on appeal in forma pauperis if the trial court certifies that the appeal is not taken in good faith”
Establishes the legal standard for denying in forma pauperis status on appeal under 28 U.S.C. § 1915(a)(3)
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Join FLexlaw to unlock all legal intelligenceDaniel A. Frishberg, proceeding pro se, filed a motion to proceed on appeal without costs after litigation in the District Court against the Universit…
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This matter is before the Court on Plaintiff Daniel A. Frishberg's *pro se* motion to proceed on appeal without costs, filed on April 21, 2024. (Doc. 31).
Under certain circumstances, a party may proceed *in forma pauperis* in federal court pursuant to 28 U.S.C. § 1915, which authorizes any court of the United States to allow indigent persons to prosecute, defend, or appeal suits without prepayment of costs. *See, e.g.*, 28 U.S.C. § 1915; *Coppedge v. United States*, 369 U.S. 438, 441 (1962). However, a party may not proceed on appeal *in forma pauperis* if the trial court certifies that the appeal is not taken in good faith. 28 U.S.C. § 1915(a)(3). Good faith requires that the appeal present a nonfrivolous question for review. *Cruz v. Hauck*, 404 U.S. 59, 62 (1971). If the plaintiff has little or no chance of success, an appeal is frivolous. *Carroll v. Gross*, 984 F. 2d 392, 393 (11th Cir. 1993). An appeal is also frivolous when it is “without arguable merit either in law or fact.” *Bilal v. Driver*, 251 F. 3d 1346, 1349 (11th Cir. 2001).
Plaintiff's motion to appeal without costs fails to establish the existence of a reasoned, nonfrivolous argument raised on appeal. In fact, the motion does not present *any* issues that Plaintiff intends to present on appeal as required by Fed. R. App. P. 24(a)(1)(C). He simply asks the Court to permit him to appeal without costs because it permitted him to litigate his underlying case without costs.¹
To the extent that Plaintiff seeks “clarification” as to how to proceed with his appeal, the Court declines to give him legal advice.
The motion to proceed without costs on appeal (Doc. 31) is therefore
DENIED.
DONE and ORDERED in Chambers in Tampa, Florida, this 23rd of April, 2024.
TOM BARBER
UNITED STATES DISTRICT JUDGE
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Coppedge v. United States, 369 U.S. 438 (U.S. 1962)
- Jamaal Ali Bilal v. Driver, 251 F.3d 1346 (11th Cir. 2001)
- Carroll v. Gross, 984 F.2d 392 (11th Cir. 1993)
- Cruz v. Hauck, 404 U.S. 59 (U.S. 1971)