Iribhogbe v. Sheriff, Okmulgee County Jail
Iribhogbe v. Sheriff, Okmulgee County Jail
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION
EDGAL IRIBHOGBE, #66389509 § § VS. § CIVIL NO. 4:23-CV-370-SDJ § CRIMINAL NO. 4:21-CR-253(7)-SDJ UNITED STATES OF AMERICA §
MEMORANDUM OPINION AND ORDER Pro se Petitioner Edgal Iribhogbe filed a motion for leave to appeal in forma pauperis. (Dkt. #24). An appellant may proceed in forma pauperis on appeal only if he is economically eligible and presents a nonfrivolous issue. See Carson v. Polley,
689 F.2d 562, 586(5th Cir. 1982). A review of the case shows that the present
28 U.S.C. § 2241motion was dismissed without prejudice because all of Petitioner’s claims are available to be raised in his pending criminal proceeding or any subsequent appeal or collateral challenge. (Dkt. ##13, 14, 15, 17). Because Petitioner has not shown that he will present a nonfrivolous issue, he has not shown that he is entitled to proceed in forma pauperis on appeal. It is accordingly ORDERED that the motion for leave to appeal in forma pauperis (Dkt. #24) is DENIED. All motions not previously ruled on are DENIED. All future motions should be filed with the Clerk of the United States Court of Appeals for the Fifth Circuit.
Reference
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