Kenney v. Sedgwick Claims Management National et al

Filing 18

ORDER OF THE COURT ON 17 RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL: The application for leave to proceed in forma pauperis on appeal is DENIED. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Senior Judge A. Joe Fish on 11/8/2016) (rekc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

ANTHONY C. KENNEY,
Plaintiff,
VS.
SEDGWICK CLAIMS MANAGEMENT
NATIONAL, ET AL.,
Defendants.

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CIVIL ACTION NO.
3:15-CV-0821-G (BH)

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
magistrate judge’s order filed in this case on June 30, 2016
(docket entry 11). Based on that order, 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 (docket entry 16) to the Fifth Circuit.
SO ORDERED.

November 8, 2016.

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A. JOE FISH
Senior United States District Judge

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