Smith v. Sam's Club, 3:15-CV-2748-K-BK. (2018)
Court: District Court, N.D. Texas
Number: infdco20180830h03
Visitors: 11
Filed: Aug. 21, 2018
Latest Update: Aug. 21, 2018
Summary: RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL RENEE HARRIS TOLIVER , Magistrate Judge . Before the Court is Plaintiff's request to proceed in forma pauperis on appeal. Doc. 59. Upon consideration of the motion, the relevant portions of the record, and the applicable law, it is recommended that the motion to proceed in forma pauperis on appeal be DENIED. It is further recommended that, pursuant to FED. R. APP. P. 24(a) and 28 U.S.C. 1915(a)(3), the Court cer
Summary: RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL RENEE HARRIS TOLIVER , Magistrate Judge . Before the Court is Plaintiff's request to proceed in forma pauperis on appeal. Doc. 59. Upon consideration of the motion, the relevant portions of the record, and the applicable law, it is recommended that the motion to proceed in forma pauperis on appeal be DENIED. It is further recommended that, pursuant to FED. R. APP. P. 24(a) and 28 U.S.C. 1915(a)(3), the Court cert..
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RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
RENEE HARRIS TOLIVER, Magistrate Judge.
Before the Court is Plaintiff's request to proceed in forma pauperis on appeal. Doc. 59. Upon consideration of the motion, the relevant portions of the record, and the applicable law, it is recommended that the motion to proceed in forma pauperis on appeal be DENIED. It is further recommended that, pursuant to FED. R. APP. P. 24(a) and 28 U.S.C. § 1915(a)(3), the Court certify that Plaintiff's appeal is not taken in good faith. In light of the Court's August 9, 2018 order, denying Plaintiff's motion to reopen, there are no non-frivolous issues for appeal in this case. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983) (per curiam) (an appeal is not taken in good faith when it fails to present non-frivolous issues).
Although this appeal should be certified as not taken in good faith under 28 U.S.C. § 1915(a)(3) and FED. R. APP. P. 24(a)(3), the plaintiff may challenge this finding by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of Court, U.S. Court of Appeals for the Fifth Circuit, within 30 days of the District Court's Order making such finding.
Source: Leagle
