Opinion
3:20-CV-640-L-BH 3:14-CR-239-L(1)
02-24-2023
STEPHEN CHRISTOPHER PLUNKETT, ID# 36265-177, Movant, v. UNITED STATES OF AMERICA, Respondent.
Referred to U.S. Magistrate Judge
By Amended Miscellaneous Order No. 6 (adopted by Special order No. 2-59 on May 5, 2005), requests to proceed in forma pauperis on appeal are automatically referred.
RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
IRMA CARRILLO RAMIREZ UNITED STATES MAGISTRATETUDGE.
Before the Court are the movant's Motion for Permission to Appeal In Forma Pauperis and Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis, received on February 21, 2023 (docs. 133, 132).
(X) The request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should certify under Fed. R. App. P. 24(a)(3) and 28 U.S.C. § 1915(a)(3) that the appeal is not taken in good faith, and that it presents no legal points of arguable merit and is therefore frivolous for the reasons set forth in the findings, conclusions, and recommendation, and the memorandum opinion and order filed in this case on October 3, 2022, and December 30, 2022, respectively (docs. 114, 128).
If the Court denies the request 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).