In this particular Opinion, it’s spits out that the litigant is not going to receive free filing due to being IFP, but instead the Koncaks’ are seen as filing “not in good faith” and hence frivilous.
“…we agree with the district court that the appeal lacks arguable merit and is not taken in good faith. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). The motion for leave to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 201-02 & n.24; 5TH CIR. R. 42.2.”
Panel consisted of: ELROD, GRAVES & HO