Rudolph L. Lucien v. Robert C. Roegner, Linda S. Pieczynski and Nancy P. Williams

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…