Hill v. Dallas County District Attorney's Office et al

Filing 13

ORDER denying Motion for Leave to Proceed In Forma Pauperis; adopting 12 Report and Recommendations re Motion for Leave to Proceed In Forma Pauperis on Appeal. (Ordered by Judge Sidney A Fitzwater on 6/3/2015) (Judge Sidney A Fitzwater)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
T. H. HILL,
Plaintiff,
vs.
DALLAS COUNTY DISTRICT
ATTORNEY’S OFFICE, et al.
Defendants.

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No. 3:15-CV-1311-D

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 28 U.S.C. § 1915(a)(3) and Fed. R. App. P.
24(a)(3) that the appeal is not taken in good faith. In support of this certification, the
Court notes that a magistrate judge’s report and recommendation is not an appealable
order. See Propes v. Dretke, 130 F. App’x 654, 655 (5th Cir. 2005) (citing United
States v. Cooper, 135 F.3d 960, 963 (5th Cir. 1998) (“[A] magistrate judge’s report
is not an appealable judgment”.)) As Plaintiff filed a notice of appeal from the
magistrate judge’s report, 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.

DATE: June 3, 2015.

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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE