FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

REBECCA RUTHERFORD, Magistrate Judge.

This pro se civil action has been automatically referred to the United States magistrate judge for pretrial management pursuant to Special Order No. 3-251. Before the Court is Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs [ECF No. 47], filed on May 1, 2018. Plaintiff filed a previous Application to Proceed In Forma Pauperis [ECF No. 4], which was granted by the Court on August 26, 2016. See Order [ECF No. 6]. To the extent that Plaintiff seeks to proceed in forma pauperis on appeal, such a request should be DENIED without prejudice. As explained below, Plaintiff must comply with 28 U.S.C. § 1915(a) and Federal Rule of Appellate Procedure 24(a).

DISCUSSION

The standards governing motions to proceed in forma pauperis are set forth in 28 U.S.C. § 1915(a). In order to proceed in forma pauperis on appeal, the movant must submit an affidavit that states "the nature of the action, defense or appeal and affiant's belief that he is entitled to redress." 28 U.S.C. § 1915(a); see also Fed. R. App. P. 24(a)(1) ("The party must attach an affidavit that: (A) shows in the detail prescribed by Form 41 of the Appendix of Forms the party's inability to pay or to give security for fees and costs; (B) claims an entitlement to redress; and (C) states the issues that the party intends to present on appeal.").

A court may deny a motion to proceed in forma pauperis if an appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3). "An appeal is taken in good faith if it presents an arguable issue on the merits or factual basis for the claim and therefore is not frivolous." Washington v. Plano Indep. Sch. Dist., 2017 WL 2416331, at *2 (E.D. Tex. June 5, 2017) (citing Coppedge v. United States, 369 U.S. 438, 445 (1962); Howard v. King, 707 F.2d 215, 219 (5th Cir. 1983)). "To that end, a movant must demonstrate the existence of a non-frivolous issue for appeal." Id. (citing Payne v. Lynaugh, 843 F.2d 177, 178 (5th Cir. 1988)). "If the district court cannot discern the existence of any non-frivolous issue on appeal, then an appeal is not taken in `good faith' and the movant's petition to appeal in forma pauperis must be denied." Id. (citing Howard, 707 F.2d at 220). "The district court should consider any pleadings and motions of a pro se litigant under less stringent standards than those applicable to licensed attorneys." Id. (citing Haines v. Kerner, 404 U.S. 519, 520 (1972)). "Notwithstanding, although pro se briefs must be liberally construed, even pro se litigants must brief arguments in order to preserve them." Id. (Yohey v. Collins, 985 F.2d 222, 222-25 (5th Cir. 1993)).

Without the appropriate affidavit, the Court cannot begin to discern the existence of a non-frivolous issue for appeal, much less whether the appeal is taken in "good faith." Unless and until Plaintiff makes this showing by an affidavit, the District Court should deny him leave to proceed in forma pauperis on appeal.

RECOMMENDATION

For the reasons discussed herein, Plaintiff's request to proceed in forma pauperis on appeal [ECF No. 47] should be DENIED without prejudice.

SO RECOMMENDED.