Summary
dismissing negligent infliction of emotional distress claim under Rule 12(b)
Summary of this case from Starrett v. City of RichardsonOpinion
CIVIL ACTION NO. 3:10-CV-1197-G (BH)
07-10-2013
DELORIS PHILLIPS, Plaintiff, v. UNITED PARCEL SERVICE, Defendant.
ORDER OF THE COURT ON RECOMMENDATION REGARDING
REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
Considering the record in this case and the recommendation of the magistrate judge, the court hereby finds and orders:
() The request for leave to proceed in forma pauperis on appeal is GRANTED.
(X) The application for leave to proceed in forma pauperis on appeal is DENIED because the court certifies pursuant to 28 U.S.C. § 1915(a)(3) and FED. R. APP. P. 24(a)(3) that the appeal is not taken in good faith. In support of this certification, the court adopts and incorporates by reference the order filed in this case on July 3, 2013 (docket entry 156). Based on those 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.
SO ORDERED.
______________________
A. JOE FISH
Senior United States District Judge