Barnett II v. Fox

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DEWEY AUSTIN BARNETT II,
Plaintiff,
v.
ANDREW FOX,
Defendant.
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Case No. 4:25-cv-01206-JSD
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion to proceed in forma pauperis
on appeal and his motion to appoint counsel to represent him in his appellate
proceedings. ECF Nos. 9 & 14. When the Court dismissed this action, it certified in
writing that an appeal would not be taken in good faith. See ECF No. 5; 28 U.S.C. §
1915(a)(3). It is not apparent that Plaintiff now seeks appellate review of any issue that is
not frivolous. See Coppedge v. United States, 369 U.S. 438, 445 (1962). As a result, the
Court will deny the motion to proceed in forma pauperis. Further, this Court does not
appoint appellate counsel. Plaintiff may move for the appointment of counsel in the
United States Court of Appeals for the Eighth Circuit.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for appointment of counsel
[ECF No. 9] is DENIED.
Case: 4:25-cv-01206-JSD Doc. #: 16 Filed: 12/10/25 Page: 1 of 2 PageID #:
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IT IS FURTHER ORDERED that Plaintiff shall file any future documents or
pleadings in connection with his appeal directly with the United States Court of Appeals
for the Eighth Circuit.
IT IS FURTHER ORDERED that Plaintiff’s motion to proceed in forma
pauperis on appeal [ECF No. 14] is DENIED.
Dated this 10th day of December, 2025.
STEPHEN N. LIMBAUGH, JR.
SENIOR UNITED STATES DISTRICT JUDGE
Case: 4:25-cv-01206-JSD Doc. #: 16 Filed: 12/10/25 Page: 2 of 2 PageID #:
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