Padilla v. Director, TDCJ-CID

Filing 28

ORDER OF THE COURT ON 27 RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL. The request for leave to proceed in forma pauperis on appeal (doc. 26 ) 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
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

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.

(X)

The request for leave to proceed in forma pauperis on appeal (doc. 26) 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 April 26, 2021 (doc. 13). Based on that filing, this Court finds
that the appeal presents no legal points of arguable merit and is therefore frivolous.
(X)
Although this Court has denied leave 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).

DATE: July 16, 2021

UNITED STATES DISTRICT JUDGE