Willis v. Dir., Tex. Dep't of Criminal Justice, Corr. Insts. Div.

Full title: JARVOUS WILLIS, #19020253, Petitioner, v. DIRECTOR, Texas Department of…

Court: United States District Court, Northern District of Texas

Date published: May 10, 2022

3:21-CV-1986-N (BH) (N.D. Tex. May. 10, 2022)

Opinion

3:21-CV-1986-N (BH)

05-10-2022

JARVOUS WILLIS, #19020253, Petitioner, v. DIRECTOR, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

IRMA CARRILLO RAMIREZ UNITED STATES MAGISTRATE JUDGE

Referred to U.S. Magistrate Judge ¹

1 By Amended Miscellaneous Order No. 6 (adopted by Special order No. 2-59 on May 5, 2005), requests to proceed in forma pauperis on appeal are automatically referred.

RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL

IRMA CARRILLO RAMIREZ UNITED STATES MAGISTRATE JUDGE

Before the Court is the petitioner's Application to Proceed In Forma Pauperis on appeal and affidavit of indigency, received on April 15, 2022 (doc. 24).

(X) The request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should certify under Fed. R. App. P. 24(a)(3) and 28 U.S.C. § 1915(a)(3) that the appeal is not taken in good faith, and that it presents no legal points of arguable merit and is therefore frivolous for the reasons set forth in the findings, conclusions, and recommendations filed in this case on October 22, 2021, and December 23, 2021 (docs. 11, 16). The request should also be denied because the petitioner has not established that he is a pauper under 28 U.S.C. § 1915(a), which provides that a prisoner seeking to appeal a judgment in a civil action “shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the . . . notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined.” The petitioner has provided no such statement or institutional equivalent, or any affidavit, declaration or other proof to show that he has followed the proper procedures at his facility to request such a statement but has been unable to obtain it.

If the Court denies the request to proceed in forma pauperis on appeal, the petitioner may challenge the denial 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 thirty days after service of the notice required by Fed. R. App. P. 24(a)(4). See Fed. R. App. P. 24(a)(5).

SIGNED.