House vs. Interline Brands, Inc.

Filing 52

MEMORANDUM AND ORDER DENIED 50 MOTION/APPLICATION to Proceed In Forma Pauperis.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TRACETTE D. HOUSE,
Plaintiff,
v.
INTERLINE BRANDS, INC.,
Defendant.

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CIVIL ACTION NO. H-10-0183

MEMORANDUM AND ORDER
This case is before the Court on Plaintiff Tracette D. House’s Application to
Proceed Without Prepayment of Fees (“IFP Motion”) [Doc. # 50]. An IFP Motion for
purposes of appeal must state “the nature of the action, defense or appeal and affiant’s
belief that he is entitled to redress.” 28 U.S.C. § 1915(a). The district court may deny
leave to proceed on appeal in forma pauperis if the appeal is not taken in good faith.
Cay v. Estelle, 789 F.2d 318, 326 (5th Cir. 1986). An appeal is taken in good faith if
it presents an arguable issue on the merits and therefore is not frivolous. Coppedge v.
United States, 369 U.S. 438, 445 (1962); Howard v. King, 707 F.2d 215, 219 (5th Cir.
1983). The movant is required to demonstrate the existence of a non-frivolous issue
for appeal. See Payne v. Lynaugh, 843 F.2d 177, 178 (5th Cir. 1988).
In this case, Plaintiff states in her Notice of Appeal that the Court erred
“because the order was based on fraud, scheme to defraud with intent by the

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Defendants.” See Notice of Appeal [Doc. # 46], p. 2. Plaintiff also asserts that the
“decision was against great weight of evidence in that no evidence to establish
probable cause to believe Plaintiff has no evidence.” See id. Finally, Plaintiff asserts
that “there was no evidence to justify a reasonable suspicion or probable cause to
terminate case and Defendants failed to lay proper predicate for introduction of
evidence of Plaintiff.” See id. These assertions fail to identify a non-frivolous issue
for the appeal. Accordingly, it is hereby
ORDERED that Plaintiff’s IFP Motion [Doc. # 50] is DENIED.
SIGNED at Houston, Texas, this 28th day of July, 2011.

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