Alba v. Randle et al

Filing 169

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
WESTERN DIVISION
PAUL ALBA, JR.

# 61319-080

VS.

PLAINTIFF
CIVIL ACTION NO. 5:10-cv-49(DCB)(MTP)

DELORES RANDLE, ET AL.

DEFENDANTS
ORDER

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
entry 135).

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
entry 121).

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.

The Court

incorporates by reference the Memorandum Opinion and Order (docket
entry 121), and finds that Alba’s appeal is not taken in good
faith.

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

litigation.

Finally, the Court finds that because the appeal is

not taken in good faith, the plaintiff is not entitled to an
appellate record.

Accordingly,

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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