Drake v. Walmart Inc. et al

Filing 67

ORDER denying 59 Motion for Leave to Proceed In Forma Pauperis on Appeal. (Ordered by Chief Judge Barbara M. G. Lynn on 4/12/2021) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ERIC DRAKE,

PLAINTIFF,

V.

WALMART INC., ET AL.,
DEFENDANTS.

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CASE NO. 3:20-CV-581-M-BK

ORDER REGARDING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL
Before the Court is Plaintiff’s March 10, 2021 motion for leave to proceed in forma
pauperis on appeal.
Considering the record in this case, the Court hereby finds and orders:
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The motion for leave to proceed in forma pauperis on appeal is GRANTED.
§ 1915.

28 U.S.C.

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The motion for leave to proceed in forma pauperis on appeal [Doc. 19] is DENIED for
the following reasons:
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The plaintiff is not a pauper.
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The plaintiff has not complied with the requirements of 28 U.S.C. ' 1915(a)(1) or
(a)(2).
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Pursuant to 28 U.S.C. § 1915(a)(3) and FED. R. APP. P. 24(a)(3), the court certifies
that the appeal is not taken in good faith. In support of this finding, the court
adopts and incorporates by reference this Court’s order filed on March 8, 2021
accepting the findings, conclusions, and recommendation of the United States
Magistrate Judge. See Baugh v. Taylor, 117 F.3d 197, 202 n.21 (5th Cir. 1997).
Based on the above order, the Court finds that the appeal presents no legal points
of arguable merit and is therefore frivolous. Howard v. King, 707 F.2d 215, 220
(5th Cir. 1983).

Although this appeal is certified as not taken in good faith under 28 U.S.C. § 1915(a)(3) and
FED. R. APP. P. 24(a)(3), the plaintiff may challenge this finding 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.
SO ORDERED.

April 12, 2021.