Jeffery v. Keene
Jeffery v. Keene
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 98-10554 Summary Calendar
HORACE JEFFERY,
Plaintiff-Appellant,
versus
NFN KEENE; NFN PAUL; NFN GENTRY; R. MORRELL,
Defendants-Appellees.
- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 7:98-CV-51-X - - - - - - - - - - October 2, 1998
Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Horace Jeffery, Texas prisoner # 669340, seeks leave to
proceed in forma pauperis (IFP) in the dismissal as frivolous of
his civil rights claims pursuant to
28 U.S.C. § 1915(e)(2)(B)(i).
By moving for IFP, Jeffery is challenging the district court’s
certification that IFP status should not be granted on appeal
because his appeal is not taken in good faith. See Baugh v.
Taylor,
117 F.3d 197, 202(5th Cir. 1997). Because Jeffery has
not demonstrated that he will raise a nonfrivolous issue on
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 98-10554 -2-
appeal, his motion to proceed IFP is DENIED. See Howard v. King,
707 F.2d 215, 220(5th Cir. 1983). Because the appeal is
frivolous, it is DISMISSED. 5TH CIR. R. 42.2.
Jeffery is cautioned that any future frivolous appeals or
pleadings filed by him or on his behalf will invite the
imposition of sanctions. Jeffery should review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
Jeffery has filed several motions, including one for
appointment of counsel. All of these motions are DENIED.
IFP DENIED; MOTIONS DENIED; APPEAL DISMISSED; SANCTION
WARNING ISSUED.
Reference
- Status
- Unpublished