IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-50904 Conference Calendar

RUSSELL EUGENE GALER, II,

Plaintiff-Appellant,

versus

ROBERT A. BROCK, Northern Region Medical Director, Texas Department of Criminal Justice; JASON CALHOUN, Dr.; J. LAWSON, Major; BOYKIN, Captain; GEBERT, Mr.,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. W-00-CV-223 -------------------- December 13, 2000

Before DAVIS, STEWART, and PARKER, Circuit Judges

PER CURIAM:*

The district court has certified that the captioned appeal

has not been taken in good faith, pursuant to

(a)(3) and Fed. R. App. P. 24(a), and that Texas prisoner

Russell Eugene Galer (#315395) should not be allowed to proceed

in forma pauperis (“IFP”) on appeal. Galer has filed a motion to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-50904 -2-

proceed IFP on appeal, a pleading which this court construes as a

motion challenging the district court’s certification decision.

Galer does not show why the bad-faith determination was erroneous

and has thus failed to satisfy the requirements of Baugh v.

Taylor,

(5th Cir. 1997). The appeal is

frivolous; the motion for IFP is DENIED; and the appeal is

DISMISSED. 5TH CIR. R. 42.2.