Filed: Aug. 07, 2013
Latest Update: Aug. 07, 2013
Summary: ORDER AND REASONS SUSIE MORGAN, District Judge. Before the Court is pro se plaintiff Rev. Deninah Goodwin's ("Rev. Goodwin") motion for leave to proceed in forma pauperis on appeal. 1 For the reasons set forth below, Rev. Goodwin's motion is denied. Rev. Goodwin has filed a notice of appeal 2 of this Court's July 25, 2013 Order 3 and July 30, 2013 Judgment 4 granting motions to dismiss filed by several, but not all, of the defendants named in Rev. Goodwin's second amended complaint. R
Summary: ORDER AND REASONS SUSIE MORGAN, District Judge. Before the Court is pro se plaintiff Rev. Deninah Goodwin's ("Rev. Goodwin") motion for leave to proceed in forma pauperis on appeal. 1 For the reasons set forth below, Rev. Goodwin's motion is denied. Rev. Goodwin has filed a notice of appeal 2 of this Court's July 25, 2013 Order 3 and July 30, 2013 Judgment 4 granting motions to dismiss filed by several, but not all, of the defendants named in Rev. Goodwin's second amended complaint. Re..
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ORDER AND REASONS
SUSIE MORGAN, District Judge.
Before the Court is pro se plaintiff Rev. Deninah Goodwin's ("Rev. Goodwin") motion for leave to proceed in forma pauperis on appeal.1 For the reasons set forth below, Rev. Goodwin's motion is denied.
Rev. Goodwin has filed a notice of appeal2 of this Court's July 25, 2013 Order3 and July 30, 2013 Judgment4 granting motions to dismiss filed by several, but not all, of the defendants named in Rev. Goodwin's second amended complaint. Rev. Goodwin was granted leave to proceed in forma pauperis in the above-captioned action on October 25, 2011.5 Under the Federal Rules of Appellate Procedure, a party in a district court action who was permitted to proceed in forma pauperis in that action may proceed on appeal in forma pauperis without further authorization unless the district court certifies that the appeal is not taken in good faith and states in writing its reasons for its certification. FED. R. APP. P. 24(a)(3)(A). Likewise, under the "Proceeding In Forma Pauperis" statute, 28 U.S.C. § 1915, "an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. § 1915(a)(3).
"`Good faith' has been defined as a requirement that an appeal present a nonfrivolous question for review." Cruz v. Hauck, 404 U.S. 59, 62 (1971). A plaintiff seeking in forma pauperis status need not demonstrate probable success on the merits. See Jackson v. Dallas Police Dep't, 811 F.2d 260, 261 (5th Cir.1986). The plaintiff does, however, need to show at least that her appeal is not frivolous. See Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988). An appeal is frivolous if does not involve "legal points arguable on their merits." Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983) (internal citation omitted).
The appellate court has jurisdiction over only: (1) appeals from final decisions under 28 U.S.C. § 1291;6 (2) certain interlocutory decisions under 28 U.S.C. § 1292(a);7 and (3) partial judgments certified as final by the district court under 28 U.S.C. § 1292(b)8 and/or Federal Rule of Civil Procedure 54(b).9 See United States v. Powell, 468 F.3d 862, 863 (5th Cir. 2006). Because Rev. Goodwin's appeal does not fall into any of these categories, the United States Court of Appeals for the Fifth Circuit lacks jurisdiction over her appeal. Because the Fifth Circuit lacks jurisdiction, Rev. Goodwin's appeal is frivolous. As a result, the Court finds the instant appeal is not taken in good faith.
Accordingly, IT IS ORDERED that Rev. Goodwin's motion for leave to proceed in forma pauperis on appeal be and hereby is DENIED.
IT IS FURTHER ORDERED that Rev. Goodwin may challenge this order by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of Court, United States Court of Appeals for the Fifth Circuit within thirty (30) days of service of this Order. See FED. R. APP. P. 24(a)(5).
