Brown v. Catherine et al

Filing 110

ORDER OF THE COURT ON RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL: The applications for leave to proceed in forma pauperis on appeal are DENIED because the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that the appeal is not taken in good faith. The appeal presents no legal points of arguable merit and is therefore frivolous. (Ordered by Chief Judge Barbara M.G. Lynn on 1/15/2019) (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

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 applications for leave to proceed in forma pauperis on appeal are DENIED
because the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that the appeal is not
taken in good faith. The appeal presents no legal points of arguable merit and is
therefore frivolous.
(X)

Although this court has certified that the appeal is not taken in good faith
under 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3), the plaintiff may
challenge this finding 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 30 days of this order.

SIGNED this 15th day of January, 2019.