IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-50247 Summary Calendar

MACK B. YATES, Plaintiff-Appellant, versus DAVID MOYA, Etc., ET AL Defendants,

FRED TADLOCK, Sergeant; JASON SHELTON, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-96-CV-188 - - - - - - - - - - July 12, 2000 Before JOLLY, DAVIS and BENAVIDES, Circuit Judges.

PER CURIAM:* Mack B. Yates, federal prisoner #353752, has filed a motion to proceed in forma pauperis (IFP) in his appeal of the jury verdict denying relief on his 42 U.S.C. § 1983 complaint. By moving for IFP, Yates 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.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-50247 -2- Taylor, 117 F.3d 197, 202 (5th Cir. 1997). Because Yates’ appeal presents no nonfrivolous appellate issues, his motion is DENIED, and the appeal is DISMISSED. See Baugh, 117 F.3d at 202 and n.24; 5th Cir. R. 42.2.