Smith v. Sam's Club

Filing 61

ORDER REGARDING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL. The court certifies that any appeal of this action would not be taken in good faith. The 59 motion for leave to proceed in forma pauperis on appeal is DENIED. (Ordered by Judge Ed Kinkeade on 8/28/2018) (ykp)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CYNTHIA G. SMITH,
Plaintiff,
v.
SAM’S CLUB,
Defendant.

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CIVIL CASE NO. 3:15-CV-2748-K

ORDER REGARDING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL

Before the court is Plaintiff’s motion for leave 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:
(

)

(X)

The motion for leave to proceed in forma pauperis on appeal is GRANTED.
U.S.C. § 1915.

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The motion for leave to proceed in forma pauperis on appeal is DENIED for the
following reasons:
()
The plaintiff is not a pauper.
()
The plaintiff has not complied with the requirements of 28 U.S.C. '
1915(a)(1) or (a)(2).
(X) Pursuant to 28 U.S.C. § 1915(a)(3) and FED. R. APP. P. 24(a)(3), the
court certifies that the appeal is not taken in good faith. In support of
this finding, the court adopts and incorporates by reference the order
filed on August 9, 2018. See Baugh v. Taylor, 117 F.3d 197, 202 n.21
(5th Cir. 1997). Based on the above order, the court finds that the
appeal presents no legal points of arguable merit and is therefore
frivolous. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983) (per
curiam).

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Although this appeal is certified as 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 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.
SO ORDERED.
Signed August 28th, 2018.

____________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE

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