Blanton v. Davis-Director TDCJ-CID

Filing 45

ORDER OF THE COURT ON 37 RECOMMENDATION REGARDING REQUEST TO PROCEED ON APPEAL WITHOUT PAYMENT OF FILING FEE AND REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL: The application for leave to proceed in forma pauperis onappeal (doc. 36 ) is DENIED b ecause 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 and that the appeal presents no legal points of arguable merit and is therefore frivolous. [Clerk electronically notified Fifth Circuit re: 36 Motion to Proceed in Forma Pauperis] (Ordered by Judge Jane J. Boyle on 8/15/2017) (sss)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DONALD GENE BLANTON,
ID # 1307891,
Petitioner,
vs.
LORIE DAVIS, Director,
Texas Department of Criminal
Justice, Correctional Institutions Division,
Respondent.

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No. 3:17-CV-383-B

ORDER OF THE COURT ON RECOMMENDATION REGARDING
REQUEST TO PROCEED ON APPEAL WITHOUT PAYMENT OF FILING FEE
AND 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 that the request to proceed on appeal without payment of the
appellate filing fee (doc. 36) is DENIED. The application for leave to proceed in forma pauperis on
appeal (doc. 36) 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 and that the appeal presents no
legal points of arguable merit and is therefore frivolous.
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 movant 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 motion (doc. 36) to the Fifth Circuit.
DATE: AUGUST 15, 2017

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE