Hart v. EPA et al
Order of the Court on 49 Recommendation Regarding Request to Proceed In Forma Pauperis on Appeal: The application for leave to proceed in forma pauperis on appeal is denied. (Ordered by Chief Judge Jorge A Solis on 3/23/2015) (jrr)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LINDA J. HART,
EPA, et al.,
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:
The request for leave to proceed in forma pauperis on appeal is GRANTED.
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. As already noted to Plaintiff in an order
entered December 12, 2014, in support of this certification, the Court incorporates
by reference the magistrate judge's findings, conclusions, and recommendation, filed
in this case on October 20, 2014 (doc. 11 ). Based on those findings, this Court finds
that the appeal presents no legal points of arguable merit and is therefore frivolous.
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 ofthis order.
SIGNED this 23rd day of March, 2015.
UNITED STATES DISTRICT JUDGE
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