Rutherford v. USA, No. 4:2019cv00348 - Document 42 (E.D. Tex. 2021)

Court Description: MEMORANDUM OPINION AND ORDER. It is therefore ORDERED the motion for leave to appeal in forma pauperis (Dkt. 41 ) is DENIED. Signed by District Judge Marcia A. Crone on 1/22/2021. (baf, )

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Rutherford v. USA Doc. 42 Case 4:19-cv-00348-MAC-CAN Document 42 Filed 01/22/21 Page 1 of 1 PageID #: 191 UNITED STATES DISTRICT COURT BRUCE ALLEN RUTHERFORD #27006-078 § § versus § § UNITED STATES OF AMERICA § EASTERN DISTRICT OF TEXAS CIVIL ACTION NO. 4:19-CV-348 CRIMINAL ACTION NO. 4:17-CR-41(1) MEMORANDUM OPINION AND ORDER Appellant Bruce Allen Rutherford filed a motion for leave to appeal in forma pauperis (Dkt. #41). Appellant may proceed in forma pauperis on appeal only if he is economically eligible and presents a nonfrivolous issue. 562, 586 (5th Cir. 1982). See Carson v. Polley, 689 F.2d A review of the case reveals that Appellant filed a “Demand for Recusal” of the undersigned United States District Judge (Dkt. #38), which this Court denied (Dkt. #39). Appellant is appealing the Court’s denial of recusal (Dkt. #40). In reviewing Appellant’s motion, the record shows that Appellant attached only one page of his trust data sheet (Dkt. #41-1). However, that page shows “National 6 Months Deposits” of $445.79, and “National 6 Months Avg Daily Balance” of $838.76. Therefore, Appellant fails to show he is economically eligible. Id. He also fails to present a nonfrivolous issue on appeal. Id. It is therefore ORDERED the motion for leave to appeal in forma pauperis (Dkt. #41) is DENIED. SIGNED at Beaumont, Texas, this 22nd day of January, 2021. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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