Lowe v. ViewPoint Bank

Filing 96

Order re 95 Recommendation Regarding Request to Proceed in Forma Pauperis on Appeal. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Senior Judge A. Joe Fish on 1/6/2015) (jrr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

SHERRI R. LOWE,
Plaintiff,
VS.
VIEWPOINT BANK,
Defendant.

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CIVIL ACTION NO.
3:12-CV-1725-G (BH)

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:
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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) and FED. R. APP. P. 24(a)(3)
that the appeal is not taken in good faith. In
support of this certification, the court
incorporates by reference the memorandum
opinion and order denying plaintiff’s motion
for relief from the court’s September 16, 2014
order, filed in this case on November 25,

2014 (docket entry 92). Based on that order,
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 clerk’s office is DIRECTED to forward the application for leave to
proceed in forma pauperis (docket entry 94) to the Fifth Circuit.
SO ORDERED.

January 6, 2015.

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A. JOE FISH
Senior United States District Judge

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