Background
Tracy Lynn Starr, a pro se litigant, appealed the dismissal of her civil rights complaint filed against the City of Palestine, Texas. The district court had granted the City’s motion to dismiss under Federal Rule of Civil Procedure twelve comma six. Starr moved for leave to proceed in forma pauperis, challenging the district court’s certification that the appeal was not taken in good faith.
The court’s reasoning
The court noted that while pro se briefs are afforded liberal construction, an appellant who fails to identify any error in the district court’s analysis has effectively not appealed the decision. Because Starr failed to challenge any factual or legal aspect of the district court’s disposition or the certification regarding good faith, she abandoned the critical issues of her appeal. Consequently, the appeal lacked arguable merit.
What it means going forward
The appeal was dismissed as frivolous, and the appellant was denied leave to proceed in forma pauperis, leaving the district court’s dismissal of the civil rights complaint in place.
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