Thames v. Gonzales

Filing 20

ORDER denying 18 APPLICATION to Proceed In Forma Pauperis. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)

United States District Court
Southern District of Texas

ENTERED
May 02, 2018

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

David J. Bradley, Clerk

TRAHEEM THAMES,

SPN #02806855,
Plaintiff,

CIVIL ACTION NO . H-17-3100
HARRIS COUNTY SHERIFF
ED GONZALES,

APPEAL NO . 18-20200

Defendant .

ORDER DENYING LEAVE TO PROCEED

IN FORMA PAUPERIS
Harris County Jail inmate Traheem Thames filed

Prisoner's

Civil Rights Complaint under 42 U.S. . 5 1983 (
C
ucomplaint' (
') Docket
Entry No .

asking this

intervene and dism iss nwith

prejudice' criminal charges pending against him in state court . On
'
October

2017, the

dismissed

the

Complaint

prejudice under the abstention doctrine outlined
Harris,

(
1971).

March

without

Younger v.

2018, the court denied

motion for relief from the final judgment that was filed
Thames pursuant
Procedure.

Rule 60 (
b) of the Federal Rules
March

(
Docket Entry No.
without prepayment of
The

2018, Thames filed

Notice

Appeal

Thames now seeks leave to proceed on appeal
filing

(
Docket Entry No.

has reviewed the Notice

Appeal along with the

rest of the subm issions in this case and finds that Thames has not

articulated

non-frivolous basis

an appeal .

certifies ? therefore, that the appeal

for purposes

Rule 24 (
a)

rauperis

an

good faith

taken

of the Federal Rules of Appellate

Procedure. For this reason, Thames
forma

The court

appeal

of

entitled
this

case .

proceed iû

See

28

5 1915 ( 3) (
a)(
uAn appeal may not be taken in forma rauperis if the
trial court certifies

writing that

taken

faith .' .
')
Accordingly: the court ORDERS as follows:

application

leave

proceed iû forma

pauperis filed by Traheem Thames (
SPN 402806855)
(
Docket Entry No.

is DENIED.

Although this court has certified that the appeal
taken

1915 (
a)

good

faith

under

U .S .C .

and Rule 24( 3), the appellant may
a)(

challenge this finding pursuant to Bauqh v . Tavlor,

F.
3d

1997),

application

motion

filing

separate

proceed in forma pauperis

on appeal with the United States Court of Appeals
Fifth Circuit within thirtv davs of this
order .

3.

If the appellant moves

proceed on appeal iû

forma

would

rauperis,

not

assess

initial partial filing fee because his application

iood

and

supporting documentation

show

he lacks

requisite funds, but the agency having custody of
appellant would be authorized

collect

full amount of the appellate filing fee (
$505.00),
from

appellant 's

inm ate

trust

account

institutional equivalent, when funds are available,

and forward

to the Clerk of the District Court .

The Clerk of Court shall provide

copy of this Order

plaintiff.

S G D a H us o T xa o t s
I HE t o t n, e s, n hi Nu d of
ay

X , 20 8.
1

K
SIM LAKE
UNITED STATES DISTRICT JUDGE