Are You Bloody Kidding Thrice? And a Caution

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. Deutsche Bank win.

“Lou Tyler moves this court for leave to proceed in forma pauperis (IFP) in her appeal of the district court’s dismissal of her civil action against Ocwen Loan Servicing, L.L.C., and Deutsche Bank.

Tyler’s motion is a challenge to the district court’s determination that her appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). 

Because Tyler has failed to challenge the certification that her appeal is not taken in good faith and the reasons for such a certification, she has abandoned the critical issue of her appeal. Id. Thus, the appeal lacks arguable merit and is frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).

Accordingly, Tyler’s motion for leave to proceed IFP is DENIED, and her appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 n.24; 5TH CIR. R. 42.2.

Further, Tyler is CAUTIONED that future frivolous or repetitive filings in this court will result in the imposition of sanctions, including dismissal, monetary sanctions, and restrictions on her ability to file pleadings in this court or any court subject to this court’s jurisdiction.”

Panel consisted of: PRADO, ELROD, and GRAVES

Tyler v Ocwen, Deutsche Bank et al