Background
Terrence M. Gore, proceeding pro se, appealed two orders from the United States District Court for the Northern District of Texas. The district court had denied his motion for a temporary restraining order and dismissed his complaint without prejudice because it determined he was financially ineligible to proceed in forma pauperis and failed to pay the filing fee.
The court’s reasoning
The court held that it lacks appellate jurisdiction over the denial of a temporary restraining order because such an order does not qualify as an injunction under Section twelve hundred and ninety-two of Title twenty-eight of the United States Code. Regarding the in forma pauperis motion, the court found a nonfrivolous issue existed as to whether the district court’s determination of financial ineligibility was erroneous. The court concluded that Gore demonstrated that paying the filing fee would deprive him of life’s necessities and impede his ability to provide for himself and his dependents.
What it means going forward
The appellant is now permitted to proceed with his appeal without paying the filing fee, and the underlying case is sent back to the district court for further proceedings.