John Shapiro v. Joy Campanelli

Summary

The United States District Court for the Northern District of Indiana denied John Shapiro’s motion to proceed in forma pauperis on appeal. The court concluded that the underlying complaint, which alleged a Fourteenth Amendment violation without supporting facts, was frivolous and lacked merit.

Holdings

1. A party may not proceed on appeal in forma pauperis when the proposed appeal is frivolous and without merit; because no reasonable person could suppose that Shapiro's appeal had some merit, the motion was denied.

Questions Presented

1. Whether Shapiro should be permitted to take an appeal in forma pauperis when the underlying complaint consists only of a conclusory legal allegation and lacks factual support.
2. Whether the proposed appeal was taken in good faith under Federal Rule of Appellate Procedure 24(a)(3) and 28 U.S.C. § 1915(a)(3).

Disposition

denied