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Case 3:12-cv-02465-B Document 56 Filed 07/10/13 Page 1 of 1 PageID 1021

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

ANGELIA SMITH, et al.,

Plaintiffs,

v.

CVS CAREMARK CORP., et al.,

Defendants.

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§ Civil Action No. 3:12-CV-2465-B
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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:

( )

(X)

The request for leave to proceed in forma pauperis on appeal is GRANTED.

The application for leave to proceed in forma pauperis on appeal is DENIED because
the Court certifies pursuant t and Fed. R. App. P. 24(a)(3) o 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 incorporates by reference the Memorandum Opinion &
Order granting Defendants’ motion for summary judgment, filed in this case on May
23, 2013 (doc. 47). 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.

DATE: July 10, 2013

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JANE J. BOYLE

UNITED STATES DISTRICT JUDGE