Opinion
3:21-CV-908-C-BH
08-06-2021
ISMAEL H. PADILLA, ID # 00356764, Plaintiff, v. DIR. TX., PRISON SYSTEM, et al., Defendants.
RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
IRMA CARRILLO RAMIREZ UNITED STATES MAGISTRATE JUDGE.
Under 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 the plaintiffs “Motion of Notice of Appeal;” and Request to Proceed In Forma Pauperis”[sic], which includes a request to proceed in forma pauperis on appeal, received from the United States Court of Appeals for the Fifth Circuit on August 4, 2021 (doc. 17).
(X) The request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should find under Fed. R. App. 24(a)(3) and 28 U.S.C. § 1915(g) that the plaintiff is barred by the “three-strikes” rule of § 1915(g), and has not timely paid the filing fee, as discussed in the findings, conclusions, and recommendations filed in this case on April 22, 2021 and June 7, 2021 (docs. 8, 12).
If the Court denies the request to proceed in forma pauperis on appeal, the 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).
SO RECOMMENDED.