IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION DANIEL D. DILLARD, § TDCJ No. 1400285, § § Plaintiff, § § v. § Civil Action No. 7:19-cv-00081-M-BP § LORIE DAVIS, et al., § § Defendants. §

ORDER Before the Court is Plaintiff’s Application to Proceed in Forma Pauperis filed on September 12, 2022, in which Plaintiff seeks to proceed in forma pauperis on appeal. ECF No. 250. Upon review of the Application, the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (ECF No. 253), and the Objections (ECF No. 255), the Court finds and orders as follows: The Application to Proceed in Forma Pauperis on appeal, filed pursuant to

, is DENIED. Pursuant to

(a)(3), the Court certifies that the appeal is not taken in good faith. REASONS FOR CERTIFICATE: The judgment entered in Plaintiff’s case was not a “final decision” as provided in

, and Plaintiff’s appeal likely will be dismissed for lack of jurisdiction. In support of this certificate, the Court hereby adopts and incorporates by reference the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (ECF No. 253). Although the Court has certified that the appeal is not taken in good faith under

(a)(3), Plaintiff may challenge this finding by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of Court, United States Court of Appeals for the Fifth Circuit, within 30 days of this order. See Fed. R. App. P. 24(a)(5); Baugh v. Taylor,

(Sth Cir. 1997). SO ORDERED this 19th day of October, 2022.

[YoU Lepper fray BARA M. G. KYNN MNITED STATES DISTRICT JUDGE