Watson v. J. C. Penney et al

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TERESA WATSON
Plaintiff,
v.
J.C. PENNEY,
Defendant.
Case No. 24-cv-1636-JPG
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Teresa Watson’s motion to waive the
appeal fee (Doc. 53) for her appeal of the Court’s order and judgment compelling her to arbitrate
her claims and dismissing this case (Docs. 50 & 51). A federal court may permit a party to
proceed on appeal without full pre-payment of fees provided the party is indigent and the appeal
is taken in good faith. 28 U.S.C. § 1915(a)(1) & (3); Fed. R. App. P. 24(a)(3)(A). A frivolous
appeal cannot be made in good faith. Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000).
The test for determining if an appeal is in good faith or not frivolous is whether any of the legal
points are reasonably arguable on their merits. Neitzke v. Williams, 490 U.S. 319, 325 (1989)
(citing Anders v. California, 386 U.S. 738 (1967)); Walker v. O’Brien, 216 F.3d 626, 632 (7th
Cir. 2000).
The Court allowed Watson to proceed in forma pauperis in the district court, so she is
entitled to proceed on appeal without prior authorization unless the Court certifies that the appeal
is not taken in good faith or that she is not otherwise allowed to proceed in forma pauperis. Fed.
R. App. P. 24(a)(3)(A). The Court so certifies here. Watson has not provided an updated
financial statement showing she remains indigent. More importantly, an appeal based on the
legal points she describes in her notice of appeal would be frivolous for the reasons the Court
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compelled arbitration to begin with. Accordingly, Watson’s appeal would be frivolous and not
in good faith. For these reasons, the Court CERTIFIES that Watson is not taking her appeal in
good faith and that her appeal would be frivolous and, accordingly, DENIES her motion to
waive the appeal fee (Doc. 53).
Watson may reapply to the Court of Appeals for leave to proceed on appeal in forma
pauperis within 30 days of entry of this order. Fed. R. App. P. 24(a)(5). The Court DIRECTS
the Clerk of Court to send a copy of this order to the Court of Appeals for use in conjunction
with Appeal No. 26-1411.
IT IS SO ORDERED.
DATED: March 6, 2026
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
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