Tetter v. Chief US Marshal et al
Recommendation Regarding Request to Proceed in Forma Pauperis on Appeal. The request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that the appeal is not taken in good faith. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/31/2017) (mcrd)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
CHIEF U.S. MARSHAL, et al.,
Referred to U.S. Magistrate Judge
RECOMMENDATION REGARDING REQUEST TO PROCEED
IN FORMA PAUPERIS ON APPEAL
Pursuant to Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on
May 5, 2005), requests to proceed in forma pauperis are automatically referred.
Before the Court is the pro se prisoner plaintiff’s Motion to Proceed Under IFP On Appeal,
received January 30, 2017 (doc. 18).
The request for leave to proceed in forma pauperis on appeal should be DENIED
because the Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that the appeal
is not taken in good faith.
If the Court denies the request to proceed in forma pauperis on appeal, the
plaintiff 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).
SIGNED this 31st day of January, 2017.
IRMA CARRILLO RAMIREZ
UNITED STATES MAGISTRATE JUDGE
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