Calderon-Canas v. United States

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JORGE CALDERON-CANAS, ) Movant, ) No. 3:16-CV-1764-M-BH VS. ) No. 3:13-CR-466-M (5) ) UNITED STATES OF AMERICA, ) Respondent. ) Referred to U.S. Magistrate Judge’ RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL Before the Court are the movant’s Affidavit of Indigency and Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis, with a certificate of inmate trust account, received from the Fifth Circuit Court of Appeals for processing in this Court on December 18, 2019 (doc. 25). (X) The motion for leave to proceed in forma pauperis on appeal should be DENIED for the following reasons: (X) The Court certifies 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 the appeal presents no legal points of arguable merit and is therefore frivolous.’ If the Court denies the request to proceed in forma pauperis on appeal, the defendant 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); Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997).

SO RECOMMENDED this 21st day of January, 2020.

4RMA CARRILLO hee ; ) UNITED STATES MAGISTRATE GE

' Under 28 U.S.C. § 636(b) and Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on May 5, 2005), requests to proceed in forma pauperis are automatically referred. > A certificate of appealability was denied on September 24, 2019. (See doc. 20.)