Cooper v. Countryman

Filing 28

MEMORANDUM AND ORDER re: denying 21 MOTION for Transcript at Government Expense filed by Jay Sandon Cooper. Signed by Judge Marcia A. Crone on 10/22/2014. (kls, )

UNITED STATES DISTRICT COURT

JAY SANDON COOPER,
Appellant,
versus
JANNA L. COUNTRYMAN,
Appellee.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:14-CV-582

MEMORANDUM AND ORDER
Pending before the court is Jay Sandon Cooper’s (“Cooper”) Motion for Transcript at
Government Expense (#21). On July 30, 2014, Cooper moved to proceed on appeal in forma
pauperis with the bankruptcy court, This court extended Cooper’s time to file his appellate brief
and delayed a decision on his Motion for Transcript, on October 9, 2014, pending the bankruptcy
court’s decision on his in forma pauperis motion. The bankruptcy court subsequently denied his
motion and certified that his appeal was frivolous and was not taken in good faith on October 21,
2014.
To obtain a transcript at government expense, the movant must meet the requirements of
28 U.S.C. § 753(f), which permits free transcripts to be provided to “persons permitted to appeal
in forma pauperis . . . if the trial judge or a circuit judge certifies that the appeal is not frivolous
(but presents a substantial question).” 28 U.S.C. § 753(f). Here, however, the bankruptcy court
determined that Cooper’s appeal was frivolous and denied his motion to proceed on appeal in
forma pauperis. Based on the bankruptcy court’s findings, Cooper’s motion is denied. Cooper
has the right to challenge the bankruptcy court’s denial of in forma pauperis status by filing a
separate motion to proceed in forma pauperis on appeal with the Clerk of the Court, United States

Eastern District of Texas, Beaumont Division, within 30 days of October 21, 2014, the date of
entry of the bankruptcy court’s order, pursuant to Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997).
See Baugh, 117 F.3d at 202; see also Williams v. Watkins, No. 3:14-cv-379-l, 2014 WL 4979689,
at *1 (N.D. Tex. Oct. 6, 2014); Delmast v. Cardenas, No. 4:09cv629, 2012 WL 2565306, at *3
(E.D. Tex. July 1, 2012).
IT IS SO ORDERED.

Signed this date.
Oct 22, 2014

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