Lewis v. City of Waxahachie

Full title: LINDA LEWIS, Plaintiff, v. CITY OF WAXAHACHIE, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Date published: Jan 30, 2012

No. 3:10-CV-2578-N-BH (N.D. Tex. Jan. 30, 2012)

Opinion

No. 3:10-CV-2578-N-BH

01-30-2012

LINDA LEWIS, Plaintiff, v. CITY OF WAXAHACHIE, et al., Defendants.

IRMA CARRILLO RAMIREZ

RECOMMENDATION REGARDING REQUEST TO PROCEED

IN FORMA PAUPERIS ON APPEAL

Pursuant to 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 Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, received January 25, 2012 (doc. 36). Plaintiff filed this application along with her notice of appeal to the Fifth Circuit, appealing the judgment in this case. The Court therefore construes this filing as an application to proceed in forma pauperis on appeal.

(X) The request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should certify 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

If the Court denies the request to proceed in forma pauperis on appeal, Plaintiff 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).

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IRMA CARRILLO RAMIREZ

UNITED STATES MAGISTRATE JUDGE