Robert L. Baugh v. Joe Max Taylor Eric Nevelow Perry Evans

POLITZ, Chief Judge:

Robert Baugh, a Texas prisoner, appeals the dismissal of his 42 U.S.C. § 1983 claims for various alleged unconstitutional conditions of confinement. His appeal, like so many recent prisoner cases, raises an issue of first impression under the Prison Litigation Reform Act (PLRA). For the reasons assigned we remand to the district court in order that it may supplement its prior certification that the appeal was not taken in good faith, or recall and revise same, or otherwise proceed herein as it deems appropriate.

Background, Baugh and several other Texas state prisoners were inmates in the Galveston County Jail when they sued local jail officials for alleged unconstitutional failure to protect them from attacks by fellow inmates; deliberate indifference to serious medical needs; unanswered grievances; and other alleged unconstitutional conditions of confinement. The district court granted Baugh leave to proceed informa pauperis (IFP). [1] [*199] Thereafter, the district court referred the ease to a magistrate judge who directed Baugh to respond to interrogatories designed to elicit detailed information about his claims. After receiving Baugh’s answers, the magistrate judge recommended dismissal of his claims as frivolous. The district court agreed and dismissed Baugh’s case with prejudice. Baugh filed a timely notice of appeal and a motion for leave to proceed on appeal IFP. The district court denied the motion to proceed IFP and certified that the appeal was not taken in good faith, citing Fed. R.App.P. 24(a). No reasons beyond those contained in the dismissal ruling were given.