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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

DEONDRAY RAYMOND MASON, §

#02198087, §

 §

Petitioner, §

 §

v. § Civil Action No. 3:22-CV-969-L-BT

 § 

ADAM GONZALEZ, §

 §

Respondent. §

ORDER 

On January 4. 2024, the Recommendation Regarding Request to Proceed In Forma 

Pauperis on Appeal (“Recommendation”) (Doc. 15) was entered, recommending that the court 

deny Petitioner’s Application to Proceed In Forma Pauperis (Doc. 14), filed December 21, 2023. 

The Recommendation reasons that the request to proceed in forma pauperis should be denied 

because:

the [c]ourt 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 recommendations filed in this case on June 21, 2022, 

and October 5, 2023, and the orders filed in this case on July 29, 2022, and 

November 20, 2023, respectively (docs. 6-7, 10, 12).

Rec. 1. The magistrate judge further recommends that:

[i]f the [c]ourt 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).

Id. No objections to this Recommendation were filed, and the deadline for doing so has expired.

Having considered Petitioner’s Application to Proceed In Forma Pauperis (Doc. 14), the 

file, record in this case, and Recommendation, the court determines that the findings and 

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conclusions of the magistrate judge are correct, and accepts them as those of the court. 

Accordingly, Petitioner’s Application to Proceed In Forma Pauperis (Doc. 14) is denied. In 

support of this ruling, the court, pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3), 

certifies that the appeal is not taken in good faith. It also incorporates by reference the findings, 

conclusions, and recommendations filed in this case on June 21, 2022, and October 5, 2023, and 

the orders entered on July 29, 2022, and November 20, 2023 (Docs. 6-7, 10, 12), see Baugh v. 

Taylor, 117 F.3d 197, 202 n.21 (5th Cir. 1997), and determines that the appeal presents no legal 

points of arguable merit and is, therefore, frivolous. Howard v. King, 707 F.2d 215, 220 (5th Cir. 

1983). Although this appeal is certified as not taken in good faith, Petitioner may challenge this 

finding by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of Court 

for the United States Court of Appeals for the Fifth Circuit within 30 days from the date of this 

order. See Baugh, 117 F.3d at 202; see also Fed. R. App. P. 24(a)(5).

It is so ordered this 9th day of February, 2024.

_________________________________

Sam A. Lindsay

United States District Judge

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