Maines v. USA

Filing 90

ORDER OF THE COURT ON 89 RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL. The updated request for leave to proceed in forma pauperis on appeal (doc. 88 ) 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. (Ordered by Judge Jane J. Boyle on 12/29/2020) (mjr)

Case 3:13-cv-04631-B-BH Document 90 Filed 12/29/20

Page 1 of 1 PageID 867

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SAMUEL WILLIAM MAINES,
ID # 44442-177,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.

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No. 3:13-CV-4631-B-BH
No. 3:12-CR-151-B

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 updated request for leave to proceed in forma pauperis on appeal (doc. 88) 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 magistrate judge’s findings,
conclusions, and recommendation filed in this case on September 28, 2020 (doc.
75), and the order filed in this case on October 23, 2020 (doc. 80). Based on those
filings, this Court finds that the appeal presents no legal points of arguable merit
and is therefore frivolous.
(X)
Although this Court has denied leave to proceed in forma pauperis
on appeal, the movant may challenge the denial 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 thirty days after service
of the notice required by Fed. R. App. P. 24(a)(4). See Fed. R. App. P.
24(a)(5).

DATE: December 29th, 2020.

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE