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Case 3:10-cv-01197-G Document 160 Filed 07/10/13 Page 1 of 2 PageID 2109

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

DELORIS PHILLIPS,

Plaintiff,

VS.

UNITED PARCEL SERVICE,

Defendant.

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CIVIL ACTION NO.

3:10-CV-1197-G (BH)

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.

Case 3:10-cv-01197-G Document 160 Filed 07/10/13 Page 2 of 2 PageID 2110

(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.

July 10, 2013.

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A. JOE FISH
Senior United States District Judge

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