Opinion
No. 3:17-CV-2560-B (BH) No. 3:14-CR-037-B (1)
01-11-2018
JOSE LUIS ALVAREZ-GOMEZ, ID # 47850-177, Movant, v. UNITED STATES OF AMERICA, Respondent.
Referred to U.S. Magistrate Judge
RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
By 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 is movant's motion to proceed in forma pauperis on appeal, received January 10, 2018 (doc. 12).
(X) The motion for leave to proceed in forma pauperis on appeal should be DENIED for the following reasons:
(X) Movant is not a pauper. The Certificate of Inmate Trust Account shows that Movant has a current balance of $2,900 and an average monthly balance of $1,809. Movant has not shown that he has any demands on his financial resources or that he would suffer deprivation of the necessities of life if he pays the $505.00 appellate filing fee. See Crider v. Scott, 50 F.3d 1033, 1033 (5th Cir. 1995) (per curiam).
If the Court denies the request to proceed in forma pauperis on appeal, 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).
SIGNED this 11th day of January, 2018.
/s/_________
IRMA CARRILLO RAMIREZ
UNITED STATES MAGISTRATE JUDGE