Bryant v. Texas City ISD

Filing 34

OPINION AND ORDER denying 33 Motion for Leave to Appeal in forma pauperis. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (rrc3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
LARRY V. BRYANT,
Plaintiff.
V.
TEXAS CITY INDEPENDENT
SCHOOL DISTRICT,
Defendant.

March 07, 2025
Nathan Ochsner, Clerk

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§ CIVIL ACTION NO. 3:24-cv-00116
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OPINION AND ORDER
Plaintiff Larry Bryant sued the Texas City Independent School District for
alleged religious and sex discrimination. On October 22, 2024, I dismissed those
claims because Bryant’s “lawsuit is based on an untimely charge of discrimination.”
Dkt. 25 at 4. Bryant filed a notice of appeal on November 25, 2024. See Dkt. 27.
Bryant now seeks leave to appeal in forma pauperis. See Dkt. 33.
I deny Bryant’s motion because it is not taken in good faith. See 28 U.S.C.
§ 1915(a)(3) (“An appeal may not be taken in forma pauperis if the trial court
certifies in writing that it is not taken in good faith.”); see also FED. R. APP. P.
24(a)(4). “The ‘good faith’ requirement of Section 1915 ‘is established by the
presentation of any issue that is not plainly frivolous.’” Hayes v. United States, 258
F.2d 400, 401–02 (5th Cir. 1958) (quoting Ellis v. United States, 356 U.S. 674, 674
(1958)). As explained in my October 22, 2024 Opinion and Order dismissing his
claims, Bryant has no chance of recovery against the Texas City Independent
School District because his claims are time-barred. The appeal of time-barred
claims is considered legally frivolous. See Perkins v. Lockhart, No. 1:19-cv-00129,
2020 WL 5821973, at *2 (S.D. Miss. Sept. 30, 2020) (“Proscribed claims are
properly dismissed as frivolous.” (collecting cases)).
Accordingly, Bryant’s Motion to Proceed In Forma Pauperis (Dkt. 33) is
denied with prejudice to refiling in this court. I certify, for the reasons stated above,

that Bryant’s appeal is not taken in good faith and that he is not entitled to proceed
in forma pauperis on appeal. The clerk is ordered to “immediately notify the parties
and the court of appeals” that I have “denie[d Bryant’s] motion to proceed on
appeal in forma pauperis” and certified that Bryant’s “appeal is not taken in good
faith.” FED. R. APP. P. 24(a)(4)(A)–(B). 1
SIGNED this 7th day of March 2025.
______________________________
ANDREW M. EDISON
UNITED STATES MAGISTRATE JUDGE

1 When a party is denied leave to proceed in forma pauperis by the district court, that

party
may file a motion to proceed on appeal in forma pauperis in the court of
appeals within 30 days after service of the notice prescribed in Rule
24(a)(4). The motion must include a copy of the affidavit filed in the district
court and the district court’s statement of reasons for its action. If no
affidavit was filed in the district court, the party must include the affidavit
prescribed by Rule 24(a)(1).
FED. R. APP. P. 24(a)(5).
2