Johnson v. LeBlanc et al, No. 2:2010cv01734 - Document 41 (E.D. La. 2011)
Court Description: ORDER and REASONS denying 38 Motion for Leave to Appeal in forma pauperis as stated within document. Signed by Judge Kurt D. Engelhardt on 11/30/2011. (cab) Modified on 12/1/2011 to edit document type (cab).
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Johnson v. LeBlanc et al Doc. 41 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA BARON JOHNSON CIVIL ACTION VERSUS NO. 10-1734 SECTION “N” (5) JAMES M. LEBLANC, ET AL. ORDER AND REASONS The Court having reviewed Plaintiff’s submission, the record of this action, and applicable law, IT IS ORDERED that Plaintiff’s"Motion for Leave to Appeal In Forma Pauperis" (Rec. Doc. 38) is DENIED. As an initial matter, Plaintiff did not sign the financial affidavit submitted in support of his motion. See Rec. Doc. 38. Further, the Court of Appeals has already dismissed Plaintiff’s prior appeal of this Court’s July 20, 2010 judgment as frivolous and incoherent.1 See Rec. Doc. 34. Finally, the Court of Appeals recently dismissed his most recent appeal – the one for which Plaintiff seeks to proceed in forma pauperis – as noncompliant with Rule 3 of the Federal Rules of Appellate Procedure. See Rec. Doc. 40. As such, the Court of Appeal concluded, Plaintiff’s latest notice of appeal (Rec. Doc. 37) did not provide it with appellate jurisdiction. Id. Thus, given the foregoing, the Court rejects Plaintiff’s request to proceed on appeal in forma pauperis. New Orleans, Louisiana, this 30th day of November 2011. ___________________________________ KURT D. ENGELHARDT UNITED STATES DISTRICT JUDGE 1 Plaintiff noticed that appeal in six separate filings. See Rec. Docs. 9, 11, 15, 19- 20, 25 and 27. Dockets.Justia.com
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