Chambers v. Santana

Filing 17

ORDER OF THE COURT ON RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL: The 15 application for leave to proceed in forma pauperis on appeal is DENIED. In support of this certification, the Court adopts and incorporates by reference the 16 Findings, Conclusions, and Recommendation filed in this case. (Ordered by Senior Judge Sidney A Fitzwater on 10/1/2018) (Senior Judge Sidney A Fitzwater)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ROSCOE CHAMBERS,
ID # 13495-030,
Plaintiff,
vs.
JOSE A. SANTANA,
Chief Designator for BOP,
Defendant.

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No. 3:18-CV-0820-D

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.

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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) that the appeal is not
taken in good faith. In support of this certification, the Court adopts and incorporates
by reference the Findings, Conclusions, and Recommendation filed in this case on
April 6, 2018 (doc. 5). Based on those findings, this Court finds that the appeal
presents no legal points of arguable merit and is therefore frivolous, and Plaintiff
may not proceed in forma pauperis on appeal under 28 U.S.C. § 1915(g) (threestrikes rule).
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) and may not proceed in forma
pauperis on appeal under 28 U.S.C. § 1915(g) (three-strikes rule), 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.
Because Plaintiff may not proceed in forma pauperis under 28 U.S.C. § 1915(g), no
initial partial filing fee is calculated for any such motion to proceed in forma
pauperis on appeal filed in the Fifth Circuit.

DATE: October 1, 2018.

SIDNEY A. FITZWATER
SENIOR JUDGE