Lopez v. Davis, 3:15-CV-3856-N (BH). (2018)
Court: District Court, N.D. Texas
Number: infdco20180521a40
Visitors: 18
Filed: May 16, 2018
Latest Update: May 16, 2018
Summary: RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL IRMA CARRILLO RAMIREZ , Magistrate Judge . Pursuant to Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on May 5, 2005), requests to proceed in forma pauperis are automatically referred. Before the Court is the petitioner's motion to proceed in forma pauperis on appeal and a certificate of inmate trust account, received May 15, 2018 (doc. 21). ( X ) The motion for leave to proceed in forma
Summary: RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL IRMA CARRILLO RAMIREZ , Magistrate Judge . Pursuant to Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on May 5, 2005), requests to proceed in forma pauperis are automatically referred. Before the Court is the petitioner's motion to proceed in forma pauperis on appeal and a certificate of inmate trust account, received May 15, 2018 (doc. 21). ( X ) The motion for leave to proceed in forma p..
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RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
IRMA CARRILLO RAMIREZ, Magistrate Judge.
Pursuant to Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on May 5, 2005), requests to proceed in forma pauperis are automatically referred. Before the Court is the petitioner's motion to proceed in forma pauperis on appeal and a certificate of inmate trust account, received May 15, 2018 (doc. 21).
(X) The motion for leave to proceed in forma pauperis on appeal should be DENIED for the following reasons:
(X) The petitioner is not a pauper. The certificate of inmate trust account shows that he has $1,162.41 in funds. Based on this information, the Court should conclude that the petitioner will not suffer undue financial hardship after payment of the $505.00 filing fee. See Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
If the Court denies the request to proceed in forma pauperis on appeal, the defendant may challenge the denial 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 thirty days after service of the notice required by Fed. R. App. P. 24(a)(4). See Fed. R. App. P. 24(a)(5).
Source: Leagle
