Slim v. Abuzaid, 3:16-CV-1769-S-BH. (2018)
Court: District Court, N.D. Texas
Number: infdco20180326c39
Visitors: 17
Filed: Mar. 23, 2018
Latest Update: Mar. 23, 2018
Summary: ORDER IRMA CARRILLO RAMIREZ , Magistrate Judge . By electronic order of reference dated March 23, 2018 (doc. 69), this pro se case has been referred for full case management. On September 5, 2017, defendant Joseph Abuzaid filed an Application to Proceed In District Court Without Prepaying Fees or Costs (Long Form), that was construed as an application for leave to proceed in forma pauperis on appeal. ( See doc. 52.) On that same day, it was recommended that the application be denied
Summary: ORDER IRMA CARRILLO RAMIREZ , Magistrate Judge . By electronic order of reference dated March 23, 2018 (doc. 69), this pro se case has been referred for full case management. On September 5, 2017, defendant Joseph Abuzaid filed an Application to Proceed In District Court Without Prepaying Fees or Costs (Long Form), that was construed as an application for leave to proceed in forma pauperis on appeal. ( See doc. 52.) On that same day, it was recommended that the application be denied b..
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ORDER
IRMA CARRILLO RAMIREZ, Magistrate Judge.
By electronic order of reference dated March 23, 2018 (doc. 69), this pro se case has been referred for full case management. On September 5, 2017, defendant Joseph Abuzaid filed an Application to Proceed In District Court Without Prepaying Fees or Costs (Long Form), that was construed as an application for leave to proceed in forma pauperis on appeal. (See doc. 52.) On that same day, it was recommended that the application be denied because the appeal was not taken in good faith. (See doc. 54.)1
On October 4, 2017, the defendant filed a Letter of Clarification to the Court Regarding the Honorable Judge Irma Carrillo Ramirez Recommendation on Defendant Joseph Abuzaid's Application to Prceed [sic] in this Case Without Paying Cost. (See doc. 61.) It states that he only intended to seek leave to proceed in forma pauperis in the district court, not on appeal. The recommendation that leave to proceed in forma pauperis on appeal (doc. 54) is therefore VACATED. Because the defendant paid the filing fee for this case at the time he removed it from state court, (see doc. 1), leave to proceed in forma pauperis is unnecessary, so the application (doc. 52) is DEEMED MOOT.
FootNotes
1. Requests to proceed in forma pauperis on appeal are automatically referred to the assigned United States Magistrate Judge by Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on May 5, 2005).
Source: Leagle
