Johnson v. LeBlanc et al
Filing
41
ORDER and REASONS denying 38 Motion for Leave to Appeal in forma pauperis as stated within document. Signed by Judge Kurt D. Engelhardt on 11/30/2011. (cab) Modified on 12/1/2011 to edit document type (cab).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
BARON JOHNSON
CIVIL ACTION
VERSUS
NO. 10-1734
SECTION “N” (5)
JAMES M. LEBLANC, ET AL.
ORDER AND REASONS
The Court having reviewed Plaintiff’s submission, the record of this action, and
applicable law, IT IS ORDERED that Plaintiff’s"Motion for Leave to Appeal In Forma Pauperis"
(Rec. Doc. 38) is DENIED. As an initial matter, Plaintiff did not sign the financial affidavit
submitted in support of his motion. See Rec. Doc. 38. Further, the Court of Appeals has already
dismissed Plaintiff’s prior appeal of this Court’s July 20, 2010 judgment as frivolous and
incoherent.1 See Rec. Doc. 34. Finally, the Court of Appeals recently dismissed his most recent
appeal – the one for which Plaintiff seeks to proceed in forma pauperis – as noncompliant with Rule
3 of the Federal Rules of Appellate Procedure. See Rec. Doc. 40. As such, the Court of Appeal
concluded, Plaintiff’s latest notice of appeal (Rec. Doc. 37) did not provide it with appellate
jurisdiction. Id. Thus, given the foregoing, the Court rejects Plaintiff’s request to proceed on appeal
in forma pauperis.
New Orleans, Louisiana, this 30th day of November 2011.
___________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE
1
20, 25 and 27.
Plaintiff noticed that appeal in six separate filings. See Rec. Docs. 9, 11, 15, 19-
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