Driggers v. United States of America et al

Filing 59

ORDER OF THE COURT ON RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL: The 56 application for leave to proceed in forma pauperis on appeal is DENIED because the Court certifies that the appeal is not taken in good faith. (Ordered by Judge David C Godbey on 2/6/2012) (twd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
PAUL WILLIAM DRIGGERS,
Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants.

§
§
§
§
§
§
§

Civil Action No. 3:11-CV-0229-N

ORDER OF THE COURT ON RECOMMENDATION REGARDING
REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
Considering the record in this case and the recommendation of the Magistrate Judge, the
Court hereby finds and orders:
( )

The request for leave to proceed in forma pauperis on appeal is GRANTED.

(X)

The application for leave to proceed in forma pauperis on appeal is DENIED
because the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that the appeal is not
taken in good faith. In support of this certification, the Court adopts and incorporates
by reference the Findings, Conclusions, and Recommendation filed in this case on
October 26, 2011. Based on those findings, this Court finds that the appeal presents
no legal points of arguable merit and is therefore frivolous.
(X)

Although this court has certified that the appeal is not taken in good faith
under 28 U.S. C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3), the plaintiff may
challenge this finding pursuant to Baugh v. Taylor, 117 F.3d 197 (5th Cir.
1997), by filing a separate motion to proceed in forma pauperis on appeal
with the Clerk of Court, U.S. Court of Appeals for the Fifth Circuit, within
30 days of this order. The cost to file a motion to proceed on appeal with the
Fifth Circuit is calculated below, and if the plaintiff moves to proceed on
appeal in forma pauperis the prison authorities will be directed to collect the
fees as calculated in this order.
(1) Plaintiff is assessed an initial partial fee of $ 0.00. See 28 U.S.C. §
1915(b)(1).
(2) Thereafter, Plaintiff shall pay $455.00, the balance of the filing fee, in
periodic installments. Plaintiff is required to make payments of 20% of the
preceding month’s income credited to the Plaintiff’s prison account until
Plaintiff has paid the total filing fees of $455.00. The agency having custody
of Plaintiff shall collect this amount from the trust fund account or institutional equivalent, when funds are available and when permitted by 28 U.S.C.

§ 1915(b)(2), and forward it to the clerk of the district court.
(3) If Plaintiff files a motion to proceed in forma pauperis on appeal directly
with the Fifth Circuit, the clerk shall mail a copy of this order to the inmate
accounting office or other person(s) or entity with responsibility for collecting and remitting to the district court interim filing payments on behalf of
prisoners, as designated by the facility in which the prisoner is currently or
subsequently confined.

DATE: February 6, 2012

UNITED STATES DISTRICT JUDGE

2