ELEVENTH CIRCUIT; APPEAL OF $200,000 ATTORNEY'S FEES AWARD IS FRIVOLOUS
Without offering any explanation, the Eleventh Circuit, in a mere conclusory fashion, simply stated that motion the proceed in forma pauperis, or to file an appeal with payment of filing fees, was frivolous. This assesment is not supported by the record and dishonest. Why would the Eleventh Circuit and Judge Rosemary Barkett refuse to allow an indigent to proceed without paying filings fees to appeal an award of $200,000? The standard for denying an appeal as frivolous is extremely high. In DENTON v. HERNANDEZ, 504 U.S. 25 (1992), the U.S. Supreme Court held:
[A] finding of factual frivolousness is appropriate when the
facts alleged rise to the level of the irrational or the wholly
incredible, whether or not there are judicially noticeable facts
available to contradict them. An in forma pauperis complaint may not
be dismissed, however, simply because the court finds the plaintiff's
allegations unlikely. Some improbable allegations might properly be
disposed of on summary judgment, but to dismiss them as frivolous
without any factual development is to disregard the age-old insight
that many allegations might be "strange, but true; for truth is always
strange, Stranger than fiction." Lord Byron, Don Juan, canto XIV,
stanza 101 (T. Steffan, E. Steffan, & W. Pratt eds. 1977).
What are irrational facts alleged?
See Judge Graham's Orders awarding attorney's fees.
See My Objections to the Report and Recommendation