Opinion
No. 3:19-CV-1062-K
09-08-2020
RESHUNN CHAMBERS, Plaintiff, v. SOCIAL SECURITY ADMINISTRATION, et. al, Defendants.
Referred to U.S. Magistrate Judge
ORDER OF THE COURT ON RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
Considering the record in this case and the recommendation of the Magistrate Judge, the Court hereby finds and orders:
(X) The application for leave to proceed in forma pauperis on appeal is DENIED because the Court certifies pursuant t and Fed. R. App. P. 24(a)(3) o 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3) that the appeal is not taken in good faith. In support of this certification, the Court incorporates by reference the magistrate judge's findings, conclusions, and recommendation, filed in this case on July 29, 2020 (doc. 133), and August 12, 2020 (doc. 141). Based on those findings, this Court finds that the appeal presents no legal points of arguable merit and is therefore frivolous.
(X) Although this court has certified that the appeal is not taken in good faith under 28 U.S. C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3), the plaintiff may challenge this finding under Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997), 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 this order.
The Clerk's Office is DIRECTED to forward the application for leave to proceed in forma pauperis (doc. 162) to the Fifth Circuit.
SO ORDERED.
Signed September 8th , 2020.
/s/ _________
ED KINKEADE
UNITED STATES DISTRICT JUDGE