Dedeaux v. Foster

U.S. Court of Appeals for the Fifth Circuit

Dedeaux v. Foster

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-60198 Summary Calendar

JOHN JOSEPH DEDEAUX, SR.,

Plaintiff-Appellant,

versus

BETTY FOSTER, Etc.; ET AL.,

Defendants,

BETTY FOSTER, Mail Inspector at Parchman,

Defendant-Appellee. _________________________________________________________________

Appeal from the United States District Court for the Northern District of Mississippi (4:99-CV-237-B-D) _________________________________________________________________ October 7, 2002

Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

A district judge granted judgment as a matter of law

dismissing as frivolous a civil rights action brought by John

Joseph Dedeaux, Sr., Mississippi prisoner no. 93417, against Betty

Foster. Three other defendants had already been dismissed for

Dedeaux’s failure to state a cause of action against them under

42 U.S.C. § 1983

. The district judge denied Dedeaux’s motion to

proceed on appeal in forma pauperis (IFP) and certified that the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. appeal was not taken in good faith under

28 U.S.C. § 1915

(a)(3) and

FED. R. APP. P. 24(a)(3). Dedeaux now seeks leave from this court

to appeal IFP. See Baugh v. Taylor,

117 F.3d 197

(5th Cir. 1997).

Dedeaux does not address the reasons for the district court’s

certification that his appeal is not taken in good faith. He

therefore has waived the only issue relevant to his IFP motion. See

Yohey v. Collins,

985 F.2d 222, 225

(5th Cir. 1993) (issues not

briefed are abandoned). Dedeaux fails to show that he would present

any nonfrivolous issue for appeal.

His motion to proceed IFP is DENIED, and his appeal is

DISMISSED as frivolous. See 5TH CIR. R. 42.2.

DENIED AND DISMISSED

Reference

Status
Unpublished