IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

JAMES EDWARD DANIELS, 1409320, )

Plaintiff, )

)

v. ) No. 3:05-CV-1739-M

) ECF

DALLAS COUNTY, ET AL., )

Defendants. )

RECOMMENDATION REGARDING APPLICATION TO PROCEED

IN FORMA PAUPERIS ON APPEAL

(for PLRA appeals)

Before the court is plaintiff’s application to proceed in forma pauperis on appeal.

(X) The application to proceed in forma pauperis on appeal should be DENIED for the following reasons:

( ) The plaintiff is not a pauper.

( ) The plaintiff has not complied with the requirements of 28 U.S.C. § 1915(a)(1) or (a)(2). See Notice of

Deficiency and Order filed on ________.

( ) The plaintiff is barred from proceeding in forma pauperis on appeal because of the “three strikes” rule of

28 U.S.C. § 1915(g).

(X) Pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3), the court should certify that the appeal is

not taken in good faith.

(X) Although this appeal should be certified as not taken in good faith under 28 U.S. C. § 1915(a)(3) and

Fed. R. App. P. 24(a)(3), the plaintiff may challenge this finding pursuant to Baugh v. Taylor, 117 F. 3d 197

(5th Cir. 1997), 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 30 days of this order. The cost to file a motion to proceed

on appeal with the Fifth Circuit is calculated below, and if the plaintiff moves to proceed on appeal in forma

pauperis, the prison authorities should be directed to collect the fees as calculated in this order pursuant to

28 U.S.C. § 1915(b)(1) & (2).

( ) The plaintiff should be assessed an initial partial appellate fee of $0.00. 

( X ) The plaintiff is not assessed an initial partial appellate fee.

(X) Thereafter, the plaintiff should pay $ 455.00, the balance of the filing fee, in periodic

installments. 

DATE: July 21, 2008

_____________________________________

PAUL D. STICKNEY

UNITED STATES MAGISTRATE JUDGE
2

ORDER REGARDING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL

( ) The motion for leave to proceed in forma pauperis on appeal is GRANTED. 28 U.S.C. § 1915.

( ) The plaintiff is assessed an initial partial appellate filing fee of $ ____. The agency having custody of plaintiff

shall collect this amount from the trust fund account or institutional equivalent, when funds are available, and forward

it to the clerk of the district court. See 28 U.S.C. § 1915(b)(1).

( ) The plaintiff is not assessed an initial partial appellate filing fee. See 28 U.S.C. § 1915(b)(1).

( ) The plaintiff shall pay $ _____ the balance of the appellate filing fee, in monthly installments as provided in

28 U.S.C. § 1915(b)(2). After payment of the initial partial appellate filing fee, if any, the agency having custody of

plaintiff shall deduct 20% of each deposit made to plaintiff’s inmate trust account and forward payments to the Court

on a regular basis provided the account exceeds $10.00.

The Clerk shall mail a copy of this Order to the inmate accounting office or other person(s) or entity with responsibility

for assessing, collecting, and remitting to the court the filing fee payments on behalf of inmates, as designated by the

facility in which plaintiff is confined.

(X) The application to proceed in forma pauperis on appeal is DENIED for the following reasons:

(X) Pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3), the court certifies 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 orderx

entered in this case on August 28, 2007, and March 18, 2008. See Baugh v. Taylor, 117 F.3d 197, 202 n.21 (5th Cir.

1997). Based on the Magistrate Judge’s findings, this Court finds that the appeal presents no legal points of arguable

merit and is therefore frivolous.

(X) Although this court has certified that the appeal is not taken in good faith under 28 U.S. C. § 1915(a)(3)

and Fed. R. App. P. 24(a)(3), the plaintiff may challenge this finding pursuant to Baugh v. Taylor, 117 F. 3d

197 (5th Cir. 1997), 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 30 days of this order. The cost to file a motion to

proceed on appeal with the Fifth Circuit is calculated below, and if the plaintiff moves to proceed on appeal

in forma pauperis the prison authorities will be directed to collect the fees as calculated in this order.

( ) The plaintiff is assessed an initial partial fee of $ 0.00. The agency having custody of the

plaintiff shall collect this amount from the trust fund account or institutional equivalent, when funds

are available, and forward it to the clerk of the district court. See 28 U.S.C. § 1915(b)(1).

( X ) The plaintiff is not assessed an initial partial fee. See 28 U.S.C. § 1915(b)(1).

(X) Thereafter, the plaintiff shall pay $ 455.00, the balance of the filing fee, in periodic

installments. The plaintiff is required to make payments of 20% of the preceding month’s income

credited to the plaintiff’s prison account until plaintiff has paid the total filing fees of $255.00. The

agency having custody of the plaintiff shall collect this amount from the trust fund account or

institutional equivalent, when funds are available and when permitted by 28 U.S.C. § 1915(b)(2), and

forward it to the clerk of the district court.

If the plaintiff moves to proceed on appeal in forma pauperis, the clerk shall mail a copy of this order to the

inmate accounting office or other person(s) or entity with responsibility for collecting and remitting to the

district court interim filing payments on behalf of prisoners, as designated by the facility in which the prisoner

is currently or subsequently confined.

SO ORDERED this 22 day of July, 2008. nd

_________________________________

BARBARA M. G. LYNN

UNITED STATES DISTRICT JUDGE

NORTHERN DISTRICT OF TEXAS