Smith v. Wilmington Savings Fund Society FSB, 3:18-CV-2065-G(BH). (2019)
Court: District Court, N.D. Texas
Number: infdco20190724e59
Visitors: 5
Filed: Jul. 22, 2019
Latest Update: Jul. 22, 2019
Summary: RECOMMENDATION REGARDING AMENDED REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL Referred to U.S. Magistrate Judge 1 IRMA CARRILLO RAMIREZ , Magistrate Judge . Before the Court is the plaintiff's amended Application to Proceed in District Court without Prepaying Fees or Costs, received July 19, 2019 (doc. 39). ( X ) The amended request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should certify pursuant to Fed. R. App. P. 24(a)(3) and 28 U.S.C.
Summary: RECOMMENDATION REGARDING AMENDED REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL Referred to U.S. Magistrate Judge 1 IRMA CARRILLO RAMIREZ , Magistrate Judge . Before the Court is the plaintiff's amended Application to Proceed in District Court without Prepaying Fees or Costs, received July 19, 2019 (doc. 39). ( X ) The amended request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should certify pursuant to Fed. R. App. P. 24(a)(3) and 28 U.S.C. ..
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RECOMMENDATION REGARDING AMENDED REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
Referred to U.S. Magistrate Judge1
IRMA CARRILLO RAMIREZ, Magistrate Judge.
Before the Court is the plaintiff's amended Application to Proceed in District Court without Prepaying Fees or Costs, received July 19, 2019 (doc. 39).
(X) The amended request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should certify pursuant to Fed. R. App. P. 24(a)(3) and 28 U.S.C. § 1915(a)(3) that the appeal is not taken in good faith for the reasons set forth in the findings, conclusions and recommendation filed in this case on June 14, 2019 (doc. 32).
If the Court denies the request to proceed in forma pauperis on appeal, the plaintiff 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).
FootNotes
1. By Special Order No. 3-251, this pro se case has been automatically referred for full case management, including the determination of non-dispositive motions and issuance of findings of fact and recommendations on dispositive motions. By Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on May 5, 2005), requests to proceed in forma pauperis on appeal are also automatically referred.
Source: Leagle
