Hulett v. National Government

Filing 21

ORDER OF THE COURT ON RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL: 20 Findings and Recommendations is adopted; 19 Motion for Leave to Proceed In Forma Pauperis is denied. The Court certifies that the appeal is not taken in good faith. Although this court has certified that the appeal is not taken in good faith, 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. (Ordered by Judge Jane J. Boyle on 6/2/2017) (epm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SETH PATRICK GABRIEL HULETT,
Plaintiff,
vs.
NATIONAL GOVERNMENT,
Defendant.

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No. 3:17-CV-179-B

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 the Findings, Conclusions, and
Recommendation filed in this case on January 24, 2017 (doc. 6). Based on those
findings, 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 2, 2017

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE