Freed v. USA

Filing 41

ORDER: The Court Accepts 40 Findings and Recommendations on Motion re: 39 Motion for Leave to Proceed in forma pauperis filed by Nicholas Todd Freed. The court certifies that any appeal of this action would not be taken in good faith. 39 MOTION for Leave to Proceed in forma pauperis on appeal re 38 Notice of Appeal is denied. (Ordered by Judge Sam A. Lindsay on 4/21/2020) (svc)

Case 3:17-cv-01666-L-BH Document 41 Filed 04/21/20

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NICHOLAS TODD FREED,
ID # 47726-177
Movant
v.
UNITED STATES OF AMERICA,
Respondent.

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Civil Action No. 3:17-CV-1666-L

ORDER
On April 1, 2020, Magistrate Judge Irma Carrillo Ramirez entered a Recommendation
Regarding Request to Proceed in Forma Pauperis on Appeal (“Recommendation”) (Doc. 40),
recommending that Movant Nicholas Todd Freed’s (“Movant”) Motion to Proceed in Forma
Pauperis (“Motion”) (Doc. 39) should be denied. No objections to the Recommendation were
filed.
After review of the Motion, the court agrees with the Recommendation and accepts it as
that of the court. The court, therefore, certifies under Federal Rule of Appellate Procedure 24(a)(3)
and 28 U.S.C. § 1915(a)(3) that the appeal is not taken in good faith and presents no legal points
of arguable merit. The court, therefore, determines that the appeal is frivolous and, accordingly,
denies Movant’s Motion to Proceed in Forma Pauperis (Doc. 39). Movant 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 this order required
by Fed. R. App. P. 24(a)(4). See Fed. R. App. P. 24(a)(5); Baugh v. Taylor, 117 F.3d 197 (5th Cir.
1997).

Order – Page 1

Case 3:17-cv-01666-L-BH Document 41 Filed 04/21/20

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It is so ordered this 21st day of April, 2020.
_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2