Alba v. Randle et al
ORDER denying 128 Motion (Request) for Clerk's Record; denying 135 Motion for Leave to Appeal in forma pauperis. Signed by Honorable David C. Bramlette, III on 8/3/2011 (ECW)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
PAUL ALBA, JR.
CIVIL ACTION NO. 5:10-cv-49(DCB)(MTP)
DELORES RANDLE, ET AL.
This cause is before the Court on the plaintiff Paul Alba, Jr.
(“Alba”)’s Motion (Request) for Clerk’s Record (docket entry 128)
and Motion (Request) to Proceed on Appeal In Forma Pauperis (docket
Having carefully considered the motions, and being
fully advised in the premises, the Court finds as follows:
In his Notice of Appeal (docket entry 127), Alba seeks an
interlocutory appeal of this Court’s denial of his Motion for
Temporary Restraining Order (Memorandum Opinion and Order at docket
Subsection (a)(3) of 28 U.S.C. § 1915 states that an
appeal may not be taken IFP if the district court certifies in
writing that the appeal is not taken in good faith.
incorporates by reference the Memorandum Opinion and Order (docket
entry 121), and finds that Alba’s appeal is not taken in good
The Court further finds that the plaintiff has filed an
impermissible interlocutory appeal.
The Court has not entered a
final judgment, the plaintiff has stated no basis for allowing an
interlocutory appeal, and he has failed to show that an immediate
appeal would materially advance the ultimate termination of the
Finally, the Court finds that because the appeal is
not taken in good faith, the plaintiff is not entitled to an
IT IS HEREBY ORDERED that the plaintiff Paul Alba, Jr.’s
Motion (Request) for Clerk’s Record (docket entry 128) is DENIED;
FURTHER ORDERED that the plaintiff’s Motion (Request) to
Proceed on Appeal In Forma Pauperis (docket entry 135). is DENIED.
SO ORDERED, this the 3rd day of August, 2011.
/s/ David Bramlette
UNITED STATES DISTRICT JUDGE
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