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Order Regarding Motion to Proceed

Date
2022-07-12

Full text

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

U.S. NAVY SEALs 1–26, et al.,
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     Plaintiffs,
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v.
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Civil Action No. 4:21-cv-01236-O

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LLOYD J. AUSTIN, III, et al.,
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     Defendants.
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ORDER REGARDING MOTION TO PROCEED

IN FORMA PAUPERIS ON APPEAL

Before the Court is Michael Webb’s motion for leave to proceed in forma pauperis on appeal
(ECF No. 188) and, upon review, the Court finds and orders as follows:
The motion for leave to proceed in forma pauperis on appeal, filed pursuant to 28 U.S.C.
' 1915, is DENIED. Pursuant to 28 U.S.C. ' 1915(a)(3), the Court certifies that the appeal is not
taken in good faith.
REASONS FOR CERTIFICATE: The Court’s Orders Denying Webb’s Motion to
Intervene (ECF No. 157) and Motion for Reconsideration (ECF No. 167) are based on well
settled law and an appeal would be frivolous. In support of this certificate, the Court hereby
adopts and incorporates by reference the Court’s Orders (ECF No. 157, 167).
Although this Court has certified that the appeal is not taken in good faith under 28 U.S.C.
' 1915(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.
SO ORDERED this 12th day of July, 2022.

Case 4:21-cv-01236-O   Document 190   Filed 07/12/22    Page 1 of 1   PageID 5486
Case 4:21-cv-01236-O   Document 190   Filed 07/12/22    Page 1 of 1   PageID 5486
_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE

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