Nixon v. Beauduy et al, No. 3:2016cv02660 - Document 10 (N.D. Tex. 2016)
Court Description: ORDER denying 8 Motion for Leave to Proceed In Forma Pauperis; adopting Report and Recommendations re 9 Findings and Recommendations on Case. (Ordered by Judge Sidney A Fitzwater on 10/20/2016) (Judge Sidney A Fitzwater)
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Nixon v. Beauduy et al Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION TRACY NIXON, Plaintiff, vs. ATTORNEY GENERAL, et al., Defendants. ) ) ) ) ) ) No. 3:16-CV-2660-D ORDER OF THE COURT ON RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL Considering the record in this case and the recommendation of the Magistrate Judge, the Court hereby finds and orders: ( ) The request for leave to proceed in forma pauperis on appeal is GRANTED. (X) The application for leave to proceed in forma pauperis on appeal is DENIED because the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3) that the appeal is not taken in good faith. In support of this certification, the Court incorporates by reference Judge Godbey’s January 17, 2014 order in Civil Action No. 3:13-CV-3807-N. Based on the findings in that Order, this Court finds that the appeal presents no legal points of arguable merit and is therefore frivolous. (X) Although this court has certified that the appeal is not taken in good faith under 28 U.S. C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3), the plaintiff may challenge this finding pursuant to Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997), by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of Court, U.S. Court of Appeals for the Fifth Circuit, within 30 days of this order. DATE: October 20, 2016. _________________________________ SIDNEY A. FITZWATER UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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