Opinion
3:20-CV-3376-D 3:17-CR-198-D(1)
12-19-2023
ANTWAINE ENTA YARBROUGH, ID #55873-177, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER OF THE COURT ON RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
SIDNEY A. FITZWATER, SENIOR JUDGE
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 request for leave to proceed in forma pauperis on appeal (doc. 20) is DENIED because the Court certifies pursuant to Fed. R. App. P. 24(a)(3) and 28 U.S.C. § 1915(a)(3) that the appeal is not taken in good faith. In support of this certification, the Court incorporates by reference the findings, conclusions, and recommendation, and the memorandum opinion and order filed in this case on April 19, 2023, and September 15, 2023, respectively (docs. 12, 18). Based on these filings, this Court finds that the appeal presents no legal points of arguable merit and is therefore frivolous.
(X) Although this Court has denied leave to proceed in forma pauperis on appeal, the movant 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).