Werts v. DeJoy
Filing
28
Order of the Court on 24 Recommendation Regarding the 23 Request to Proceed In Forma Pauperis on Appeal. The request for leave to proceed in forma pauperis on appeal is DENIED because the court certifies that the appeal is not taken in good faith. (Ordered by Senior Judge A. Joe Fish on 11/17/2022) (rekc)
Case 3:22-cv-00973-G-BH Document 28 Filed 11/17/22
Page 1 of 2 PageID 585
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LAWRENCE A. WERTS SR.,
Plaintiff,
VS.
LOUIS DEJOY,
Defendant.
)
)
)
)
)
)
)
)
)
CIVIL ACTION NO.
3:22-CV-0973-G-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 United
States 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 (docket
entry 23) is DENIED because the court certifies pursuant to FED. R.
APP. P. 24(a)(3) and 28 U.S.C. ยง 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 September 14, 2022 (docket entry
18). 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 plaintiff may challenge the denial
by filing a separate motion to proceed in forma pauperis on
Case 3:22-cv-00973-G-BH Document 28 Filed 11/17/22
Page 2 of 2 PageID 586
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 ORDERED.
November 17, 2022.
___________________________________
A. JOE FISH
Senior United States District Judge
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?