Smith v. Dallas County Hospital District et al

Filing 77

ORDER REGARDING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL. The 67 motion for leave to proceed in forma pauperis on appeal is DENIED. For the reasons set forth in the 68 Findings and Recommendations on Motion the court certifies that any appeal of this action would not be taken in good faith. (Ordered by Senior Judge A. Joe Fish on 2/10/2015) (ykp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

OCTAVIA SMITH,
Plaintiff,
VS.
DALLAS COUNTY HOSPITAL
DISTRICT d/b/a PARKLAND HEALTH
& HOSPITAL SYSTEM,
Defendant.

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CIVIL ACTION NO.
3:13-CV-0792-G (BN)

ORDER REGARDING MOTION TO PROCEED
IN FORMA PAUPERIS ON APPEAL

The motion for leave to proceed in forma pauperis on appeal (docket entry 67) is
DENIED. Pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate
Procedure 24(a), and for the reasons set forth in the findings, conclusions, and
recommendation of the United States Magistrate Judge dated January 5, 2015
(docket entry 68), the court CERTIFIES that the appeal is not taken in good faith.
Although this court has certified that the appeal is not taken in good faith
under Section 1915(a)(3) and Rule (a), 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 the Court, U.S. Court of Appeals
for the Fifth Circuit, within 30 days of this order.
SO ORDERED.

February 10, 2015.

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A. JOE FISH
Senior United States District Judge

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