Opinion
CASE NO. 3:20-CV-581-M-BK
03-29-2021
ERIC DRAKE, PLAINTIFF, v. WALMART INC., ET AL., DEFENDANTS.
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is Plaintiff's motion to proceed in forma pauperis on appeal. Doc. 59. Plaintiff appeals from numerous court orders as well as the final judgment entered in Defendants' favor. Doc. 62. Upon consideration, it is recommended that the Court deny the motion to proceed in forma pauperis on appeal and certify, pursuant to FED. R. APP. P. 24(a) and 28 U.S.C. § 1915(a)(3), that the appeal is not taken in good faith. For the reasons stated in the Findings, Conclusions and Recommendation of the United States Magistrate Judge, Doc. 52, the appeal presents no legal points of arguable merit and is therefore frivolous.
Although this appeal should be certified as not taken in good faith under 28 U.S.C. § 1915(a)(3) and FED. R. APP. P. 24(a)(3), Plaintiff may challenge this finding 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 the District Court's order adopting this recommendation.
SO RECOMMENDED on March 29, 2021.
/s/_________
RENÉE HARRIS TOLIVER
UNITED STATES MAGISTRATE JUDGE