Tyler v. Sav Express

Background

Billy Tyler sought permission to pursue an appeal without prepaying fees or costs. The underlying action had already been dismissed after the court adopted a report and recommendation recommending dismissal.

Court’s reasoning

Under Federal Rule of Appellate Procedure 24(a)(3)(A), a court must deny an application to proceed without prepaying fees or costs when the appeal is not taken in good faith. The court explained that an appeal is taken in good faith when the applicant seeks review of at least one non-frivolous issue. An appeal is frivolous when it lacks an arguable basis in law or fact.

Tyler did not identify a specific issue he intended to present on appeal. After reviewing the complaint and the court’s handling of the matter, the court found no arguable legal or factual basis for challenging the dismissal. It therefore deemed the appeal frivolous and not taken in good faith.

Disposition

Judge Susan Richard Nelson denied Tyler’s application to proceed without prepaying fees or costs on appeal. The opinion addresses only that application and does not explain the reasons for the underlying dismissal.