Coleman v. Sellars

Filing 31

ORDER OF THE COURT ON RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL: The 29 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 Barbara M.G. Lynn on 5/20/2014) (twd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
AUDREY COLEMAN,
Plaintiff,
vs.
TODD SELLARS, Dallas County
U.S. Assistant District Attorney
Defendant.

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No. 3:13-CV-1648-M

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 Fed. R. App. P. 24(a)(3) and 28 U.S.C. §
1915(a)(3) that the appeal is not taken in good faith. In support of this certification,
the Court incorporates by reference the Findings, Conclusions, and Recommendation
filed in this case on February 24, 2014 (doc. 20). 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 Clerk’s Office is DIRECTED to forward the application for leave to proceed in forma
pauperis (doc. 29) to the Fifth Circuit.

DATE: May 20, 2014.

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BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS