Lucien v. Roegner, 81-2807

Decision Date15 June 1982
Docket NumberNo. 81-2807,81-2807
Citation682 F.2d 625
PartiesRudolph L. LUCIEN, Plaintiff-Appellant, v. Robert C. ROEGNER, Linda S. Pieczynski and Nancy P. Williams, Defendants-Appellees.
CourtU.S. Court of Appeals — Seventh Circuit

Rudolph L. Lucien, plaintiff-appellant pro se.

Before CUMMINGS, Chief Judge, and PELL and COFFEY, Circuit Judges.

PER CURIAM.

This case involves a complex minuet at the courthouse door. The district court denied plaintiff leave to proceed in the district court in forma pauperis. It then granted leave to appeal in forma pauperis, finding that although the claims plaintiff presented were legally frivolous, it could not certify that the appeal was not taken in good faith. Since we believe that the frivolity standard should apply for leave to proceed both in the district court and on appeal, we vacate the district court's grant of pauper status. Treating plaintiff's papers filed in this court as a motion directed to this Court for leave to appeal in forma pauperis, we deny the motion and dismiss the appeal for failure to pay the docket fee.

The procedures and standards to be applied for grants of pauper status on appeal are found in 28 U.S.C. § 1915 and Fed.R.App.P. 24(a), and this Court's decision in Wartman v. Milwaukee County Court, 510 F.2d 130 (7th Cir. 1975). When a party has been granted pauper status on appeal to proceed in the district court, he is entitled to appeal in forma pauperis without further authorization by the district court or the Court of Appeals. 1 However, the district court can strip a party of pauper status by certifying that the appeal is not taken in good faith or by finding that the party is otherwise not entitled so to proceed. Fed.R.App.P. 24(a).

If, as here, a party is denied pauper status to proceed in the district court, he is back to square one. The district court's enquiry is once again on the merits of the party's claims. If the district court again finds them frivolous (as normally it would since it denied pauper status in its court), it should then deny leave to appeal in forma pauperis. The same standard for frivolity normally applies in the district court and on appeal.

Here, the district court granted pauper status on appeal after denying it for its own court since it found that plaintiff was in good faith. But no amount of subjective good faith can bolster a frivolous claim to entitle a party to pauper status. Since the district court expressly found that the claims plaintiff presented were legally frivolous, it erred in granting pauper status on appeal and we vacate that order.

Plaintiff has also moved in this Court for leave...

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    ...court will usually be entitled to fees on appeal as well. Tolefree v. Cudahy, 49 F.3d 1243 (7th Cir.1995); Lucien v. Roegner, 682 F.2d 625 (7th Cir.1982) (per curiam); Neidhardt v. D.H. Holmes Co., 701 F.2d 553, 555 n. 6 (5th Cir.1983). But not always. The question whether the suit was inde......
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    ...into the merits of the claims, and if the court finds them to be frivolous, it should deny leave to proceed IFP. Lucien v. Roegner, 682 F.2d 625, 626 (7th Cir. 1982). The complaint survives preliminary review under this standard. Accordingly, Moon shall be granted leave to proceed IFP, and ......
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    ...from such relief, his claims against De Porre, Wininger and McQuade must be dismissed as legally frivolous. See Lucien v. Roegner, 682 F.2d 625, 626 (7th Cir. 1982) (per curiam). Moreover, defense attorneys, even those appointed by the court, are not considered state actors or federal offic......
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    ...inquire into the merits of the plaintiff's claims and, if it finds them frivolous, the court should deny the motion. Lucien v. Roegner, 682 F.2d 625, 626 (7th Cir. 1982). An action fails to state a claim on which relief may be granted if it does not plead "enough facts to state a claim to r......
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