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)

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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. § § § § § § § § § § 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

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