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)

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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-

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