Brown v. Catherine et al

Filing 109

RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL re: 105 Motion for Leave to Proceed in forma pauperis filed by Toby W Brown, 106 Motion for Leave to Proceed in forma pauperis filed by Toby W Brown. (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/14/2019) (skg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
TOBY W. BROWN,
SO 84068,
Plaintiff,
v.
KATHRYN CROWE, et al.,
Defendants.

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Civil Action No. 7:17-cv-00096-M-BP

RECOMMENDATION REGARDING REQUEST TO PROCEED
IN FORMA PAUPERIS ON APPEAL
By Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on May 5,
2005), before the Court are petitioner’s Applications to Proceed in District Court Without
Prepaying Fees or Costs seeking to proceed in forma pauperis on appeal, received October 26,
2018 (ECF No. 105) and November 6, 2018 (ECF No. 106).
(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 frivolous.
If the Court denies the request to proceed in forma pauperis on appeal, the
movant 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).

Signed January 14, 2019.

______________________________________
Hal R. Ray, Jr.
UNITED STATES MAGISTRATE JUDGE