Silver v. Toyota Motor Manufacturing, Texas, Inc., 5:19-mc-01397

Plaintiff Frederick Omoyuma Silver was previously enjoined from filing civil suits in the San Antonio Division of the W.D. Tex. without prior leave of a district judge.
The district court adopted a magistrate judge’s recommendation denying Silver leave to file a new civil action against Toyota Motor Manufacturing, Texas, Inc.
Silver filed a notice of appeal and an application to proceed in forma pauperis (IFP) on appeal but did not include the issues he intends to raise or explain entitlement to relief in the required affidavit.
Federal Rule of Appellate Procedure 24(a) requires an IFP movant to attach an affidavit detailing financial inability, entitlement to redress, and the issues on appeal; 28 U.S.C. § 1915(a)(3) bars IFP appeals not taken in good faith.
Circuit precedent requires an IFP appellant to show the appeal presents nonfrivolous issues in order to satisfy the good-faith requirement.
The magistrate judge ordered Silver to supplement his Rule 24(a) affidavit by March 23, 2020 with the required information or face denial of his IFP application.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Silver may proceed IFP on appeal without stating the issues on appeal	Silver seeks IFP, asserting inability to pay (did not state issues or entitlement)	Defendant (implied) that no basis shown for appeal; district court found pleadings insufficient	Court: Deny IFP unless Silver supplements affidavit with issues and entitlement per Fed. R. App. P. 24(a)
Whether the appeal is taken in good faith (nonfrivolous)	Silver did not identify any nonfrivolous issue in current filing	District court concluded the proposed complaint lacked plausible facts; therefore appeal appears frivolous	Court: Plaintiff bears burden to demonstrate nonfrivolous basis; current record insufficient, must supplement or IFP denied

Howard v. King, 107 F.2d 215 (5th Cir.) (appeal is in good faith for §1915(a)(3) purposes if any issue is nonfrivolous)
Carson v. Polley, 689 F.2d 562 (5th Cir.) (movant must show appeal involves nonfrivolous issues in addition to meeting financial criteria)