Opinion
NO. 3-11-CV-624-N
07-19-2012
JASON PUMPHREY Petitioner, v. RICK THALER, Director Texas Department of Criminal Justice, Correctional Institutions Division Respondent.
ORDER OF THE COURT ON THE FOREGOING RECOMMENDATION
Considering the record in this case and the above recommendation, and pursuant to Federal Rule of Appellate Procedure 22(b) and 28 U.S.C. § 2253(c), the Court hereby finds and orders:
IFP STATUS:
(X) the party appealing is GRANTED in forma pauperis status on appeal.
() the party appealing is proceeding in forma pauperis.
() the party appealing is DENIED in forma pauperis status on appeal for the following reasons:
() the Court certifies, pursuant to Fed. R. App. P. 24(a) and 28 U.S.C. § 1915 (a)(3), that the appeal is not taken in good faith. In support of this finding, the Court adopts and incorporates by reference the Magistrate Judge's Findings and Recommendation entered in this case on _. Based upon the Magistrate Judge's findings, this Court finds that the appeal presents no legal points of arguable merit and is therefore frivolous. See Harkins v. Roberts, 935 F. Supp. 871, 873 (S. D. Miss. 1996) (citing Howard v. King, 707 F. 2d 215,219-20 (5th Cir. 1983)).
() the person appealing is not a pauper;
() the person appealing has not complied with the requirements of Rule 24 of the Federal Rules of Appellate Procedure and /or 28 U.S.C. § 1915(a)(1) as ordered by the Court. (See Notice of Deficiency and Order entered o_
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DAVID C. GODBEY
UNITED STATES DISTRICT JUDGE