Padilla v. Director, TDCJ-CID

Filing 27

Recommendation Regarding Request to Proceed in Forma Pauperis on Appeal. The request for leave to proceed in forma pauperis on appeal should be DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 7/15/2021) (mcrd)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ISMAEL PADILLA, ID # 356764, Petitioner, ) ) ) ) vs. ) ) DIRECTOR, Texas Department of Criminal ) Justice, Correctional Institutions Division, ) Respondent. ) No. 3:21-CV-436-N-BH Referred to U.S. Magistrate Judge 1 RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL Before the Court is the petitioner’s Application to Proceed In Forma Pauperis on appeal, received from the Untied States Court of Appeals for the Fifth Circuit on July 1, 2021 (doc. 26). (X) The request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should certify under Fed. R. App. P. 24(a)(3) and 28 U.S.C. § 1915(a)(3) that the appeal is not taken in good faith, and that it presents no legal points of arguable merit and is therefore frivolous for the reasons set forth in the findings, conclusions, and recommendation filed in this case on April 26, 2021 (doc. 13). If the Court denies the request to proceed in forma pauperis on appeal, the petitioner 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). SO RECOMMENDED this 15th day of July, 2021. 1 Under Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on May 5, 2005), requests to proceed in forma pauperis are automatically referred.

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