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, )

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UNITED STATES DISTRICT COURT JAY SANDON COOPER, Appellant, versus JANNA L. COUNTRYMAN, Appellee. EASTERN DISTRICT OF TEXAS § § § § § § § § § 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 2

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