The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JARVIS BROWN CIVIL ACTION
VERSUS NO. 19-12432
ORLEANS PARISH SHERIFF SECTION “R” (1)
OFFICE, ET AL.
ORDER AND REASONS
Before the Court is Jarvis Brown’s motion for reconsideration of this
Court’s denial of his motion to proceed in forma pauperis on appeal.1 The
Court previously denied Brown’s motion because Brown had failed to
provide the Court with financial documents to determine his pauper status.2
Brown subsequently submitted the documents.3 However, the Court again
denies Brown’s request to proceed in forma pauperis as the Court certifies
his appeal is not taken in good faith. This is because the petitioner lacks an
arguable basis for the appeal in either law or fact for the reasons given in the
Court’s Order and Reasons.4
1 R. Doc. 23.
2 See R. Doc. 21.
3 See R. Doc. 23.
4 R. Doc. 9.
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 applicant
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. The cost to file a motion to proceed on appeal
with the Fifth Circuit is calculated below, and if the appellant moves to
proceed on appeal in forma pauperis, the prison authorities will be directed
to collect the fees as calculated in this Order.
Because Brown’s financial documents demonstrate he has an account
balance of zero, and because he has had no deposits in the last six months,
petitioner is not assessed an initial filing fee. But although Brown is not
assessed an initial filing fee, should he proceed with his appeal he shall pay
the remainder of the $505 filing fee in periodic installments. The appellant
is required to make payments of 20% of the preceding month’s income
credited to the appellant’s prison account until the appellant has paid the
total filing fees of $505. The agency having custody of the prisoner shall
collect this amount from the trust fund account or institutional equivalent,
when funds are available and when permitted by 28 U. S. C. § 1915(b)(2), and
forward it to the clerk of the district court. If appellant moves to proceed on
appeal in forma pauperis before the Fifth Circuit Court of Appeals, the Court
will order withdrawal of fees as calculated above.
New Orleans, Louisiana, this__29d__ day of March, 2020.
derek Varvee
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE