Adumekwe v. Securitas USA Inc.

Full title: LAMBERT ADUMEKWE, Plaintiff, v. SECURITAS USA INC., Defendant

Court: United States District Court, S.D. Texas, Houston Division

Date published: Feb 15, 2007

CIVIL ACTION NO. H-06-0659 (S.D. Tex. Feb. 15, 2007)

Opinion

CIVIL ACTION NO. H-06-0659.

February 15, 2007

ORDER

LEE ROSENTHAL, District Judge

Lambert Adumekwe, appellant, asks the court to allow him to proceed in forma pauperis on appeal, without prepayment of fees. (Docket Entry No. 33). Rule 24 of the Federal Rules of Appellate Procedure provides:

A party who was permitted to proceed in forma pauperis in the district-court action, . . . may proceed on appeal in forma pauperis without further authorization, unless:

A. the district court — before or after the notice of appeal is filed — certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states its reasons for the certification or finding.

FED. R. APP. P. 24(a)(3) (emphasis added). The Fifth Circuit has set forth the standard that a district court must follow in deciding whether to grant a party leave to appeal in forma pauperis:

"Good faith" is demonstrated when a party seeks appellate review of any issue "not frivolous." . . . An investigation into the in forma pauperis movant's objective good faith, while necessitating a brief inquiry into the merits of an appeal, does not require that probable success be shown. The inquiry is limited to whether the appeal involves "legal points arguable on their merits (and therefore not frivolous)."

Howard v. King, 707 F.2d 215, 219-220 (5th Cir. 1983) (citations omitted). The district court should consider any pleadings and motions of a pro se litigant under less stringent standards than those applicable to licensed attorneys. Haines v. Kerner, 404 U.S. 519, 520 (1972).

This court has found no legal point arguable on the merits. Finding that appeal would be frivolous, this court certifies that the appeal is not taken in good faith and Adumekwe should not be allowed to proceed on appeal in forma pauperis. His motion, Docket Entry No. 33, is denied. If Adumekwe disagrees with this court's denial of his motion to proceed on appeal in forma pauperis and the finding that the appeal is not taken in good faith, he may petition the Fifth Circuit for a review of the decision.