Amrhein et al v. Riechert et al

Filing 72

ORDER denying 64 , 65 Motions for Leave to Proceed In Forma Pauperis on Appeal. (Ordered by Senior Judge A. Joe Fish on 5/3/2013) (axm)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DARLENE C. AMRHEIN, ET AL., Plaintiffs, VS. JERRY RIECHERT, ET AL., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:12-CV-3707-G (BK) ORDER REGARDING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL (For pro se non-PLRA appeals) Considering the record in this case and the recommendation of the magistrate judge, the court hereby finds and orders: ( ) The motion for leave to proceed in forma pauperis on appeal is GRANTED. 28 U.S.C. § 1915. (X) The motions for leave to proceed in forma pauperis on appeal (docket entries 64 and 65) are DENIED for the following reasons: ( ) The plaintiff is not a pauper. ( ) The plaintiff has not complied with the requirements of 28 U.S.C. § 1915(a)(1) or (a)(2). ( ) The plaintiff is barred by “three strikes” from proceeding in forma pauperis. 28 U.S.C. § 1915(g). (X) Pursuant to 28 U.S.C. § 1915(a)(3) and FED. R. APP. P. 24(a)(3), the court certifies that the appeal is not taken in good faith. In support of this finding, the court adopts and incorporates by reference the district court’s order filed on September 13, 2010, which accepted the findings, conclusions and recommendation of the magistrate judge filed on February 17, 2010. See Baugh v. Taylor, 117 F.3d 197, 202 n.21 (5th Cir. 1997). Based on the above order, this court finds that the appeal presents no legal points of arguable merit and is therefore frivolous. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Although this appeal is certified as 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 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. SO ORDERED. May 3, 2013. ___________________________________ A. JOE FISH Senior United States District Judge -2-

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