Alvarez-Gomez v. USA

Filing 19

ORDER OF THE COURT ON RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL: 12 Motion for Leave to Proceed In Forma Pauperis is denied. (Ordered by Judge Jane J. Boyle on 1/30/2018) (svc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JOSE LUIS ALVAREZ-GOMEZ,
ID # 47850-177,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.

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No. 3:17-CV-2560-B (BH)
No. 3:14-CR-037-B (1)

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 motion for leave to proceed in forma pauperis on appeal is GRANTED.

(X)

The motion for leave to proceed in forma pauperis on appeal is DENIED for the
following reasons:
(X)

Movant is not a pauper. The Certificate of Inmate Trust Account shows that
Movant has a current balance of $2,900 and an average monthly balance of
$1,809. Movant has not shown that he has any demands on his financial
resources or that he would suffer deprivation of the necessities of life if he
pays the $505.00 appellate filing fee. See Crider v. Scott, 50 F.3d 1033, 1033
(5th Cir. 1995) (per curiam).

Although this Court has denied leave to proceed in forma pauperis on appeal, 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 the notice required by Fed. R. App. P. 24(a)(4). See Fed.
R. App. P. 24(a)(5).
SIGNED this 30th day of January, 2018.

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE