Opinion
3:20-CV-810-S (BH) 3:97-CR-337-K-1
07-07-2023
KAREN E. TUCKER, Petitioner, v. UNITED STATES OF AMERICA, et al., Respondents.
RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
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.
Before the Court is the petitioner's Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis, received on June 30, 2023 (doc. 22), which is liberally construed as a request for leave 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 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 filed in this case on March 31, 2023 (doc. 13).
If the Court denies the request to proceed in forma pauperis on appeal, the petitioner 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).