Opinion
No. 3:17-CV-1962-G (BH) No. 3:95-CR-0160-G (04)
12-13-2017
Referred to U.S. Magistrate Judge
RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
Under 28 U.S.C. § 636(b) and Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on May 5, 2005), requests to proceed in forma pauperis are automatically referred.
Before the Court are the movant's request to proceed in forma pauperis on appeal, received on September 11, 2017 (doc. 7), and a copy of his inmate statement, received on December 8, 2017 (doc. 10).
The motion to proceed in forma pauperis on appeal did not include a certificate of inmate trust account for the sixth-month period preceding the filing of his notice of appeal, as required by 28 U.S.C. § 1915(a)(2). Accordingly, on November 6, 2017, he was ordered to file a properly signed certificate of inmate trust account. (See doc. 9.) He was warned that if he did not comply, denial of the motion would be recommended. (See id.) --------
The movant did not file a signed certificate of his inmate trust account as required. Additionally, his inmate statement reflects that he had $ 13,908.45 in his inmate trust account as of December 4, 2017. The movant has not shown that he is a pauper, and his motion to proceed in forma pauperis should be denied.
SO RECOMMENDED this 13th day of December, 2017.
/s/_________
IRMA CARRILLO RAMIREZ
UNITED STATES MAGISTRATE JUDGE