Smith v. Dallas County Hospital District et al, No. 3:2013cv00792 - Document 77 (N.D. Tex. 2015)

Court Description: ORDER REGARDING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL. The 67 motion for leave to proceed in forma pauperis on appeal is DENIED. For the reasons set forth in the 68 Findings and Recommendations on Motion the court certifies that any appeal of this action would not be taken in good faith. (Ordered by Senior Judge A. Joe Fish on 2/10/2015) (ykp)

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Smith v. Dallas County Hospital District et al Doc. 77 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION OCTAVIA SMITH, Plaintiff, VS. DALLAS COUNTY HOSPITAL DISTRICT d/b/a PARKLAND HEALTH & HOSPITAL SYSTEM, Defendant. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:13-CV-0792-G (BN) ORDER REGARDING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL The motion for leave to proceed in forma pauperis on appeal (docket entry 67) is DENIED. Pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24(a), and for the reasons set forth in the findings, conclusions, and recommendation of the United States Magistrate Judge dated January 5, 2015 (docket entry 68), the court CERTIFIES that the appeal is not taken in good faith. Although this court has certified that the appeal is not taken in good faith under Section 1915(a)(3) and Rule (a), plaintiff may challenge this finding pursuant to Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997), by filing a separate motion to Dockets.Justia.com proceed in forma pauperis on appeal with the Clerk of the Court, U.S. Court of Appeals for the Fifth Circuit, within 30 days of this order. SO ORDERED. February 10, 2015. ___________________________________ A. JOE FISH Senior United States District Judge -2-

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