Freed v. United States

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

NICHOLAS TODD FREED, § ID # 47726-177 § § Movant § § v. § Civil Action No. 3:17-CV-1666-L § UNITED STATES OF AMERICA, § § Respondent. §

ORDER

On April 1, 2020, Magistrate Judge Irma Carrillo Ramirez entered a Recommendation Regarding Request to Proceed in Forma Pauperis on Appeal (“Recommendation”) (Doc. 40), recommending that Movant Nicholas Todd Freed’s (“Movant”) Motion to Proceed in Forma Pauperis (“Motion”) (Doc. 39) should be denied. No objections to the Recommendation were filed. After review of the Motion, the court agrees with the Recommendation and accepts it as that of the court. The court, therefore, certifies under Federal Rule of Appellate Procedure 24(a)(3) and 28 U.S.C. § 1915(a)(3) that the appeal is not taken in good faith and presents no legal points of arguable merit. The court, therefore, determines that the appeal is frivolous and, accordingly, denies Movant’s Motion to Proceed in Forma Pauperis (Doc. 39). Movant 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 this order 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). It is so ordered this 21st day of April, 2020.

< “Sam A. Lindsay United States District Judge

Order — Page 2