White v. USA
ORDER OF THE COURT ON 31 RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL. The request for leave to proceed in forma pauperis on appeal (doc. 30 ) is DENIED. (Ordered by Judge David C Godbey on 7/16/2021) (axm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DAMION KENTRELL WHITE,
ID # 47819-177,
UNITED STATES OF AMERICA,
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:
The request for leave to proceed in forma pauperis on appeal is GRANTED.
The request for leave to proceed in forma pauperis on appeal (doc. 30) 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. In support of this certification,
the Court incorporates by reference the findings, conclusions, and recommendation
filed in this case on March 26, 2021 (doc. 24). Based on that filing, this Court finds
that the appeal presents no legal points of arguable merit and is therefore frivolous.
The request is also denied because the movant has not established that he is a
pauper. His certificate of inmate trust account shows that he has deposits totaling
$4,580 over the last six months, an average balance of $2,633.31 for the 30 days
preceding June 25, 2021, an account balance of $1,885.35, and an average daily
balance of $704.09 over the last six months, all of which reflect sufficient funds to
pay the applicable filing fees on appeal.
Although this Court has denied leave to proceed in forma pauperis
on appeal, the 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).
DATE: July 16, 2021
UNITED STATES DISTRICT JUDGE
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