Wilks v. Fedex Ground

U.S. Court of Appeals for the Fifth Circuit
Wilks v. Fedex Ground, 158 F. App'x 602 (5th Cir. 2005)

Wilks v. Fedex Ground

Opinion

PER CURIAM: *

Ilona Wilks filed a civil complaint for damages against FedEx Ground, alleging *603 that she was denied employment as a truck driver on account of her race and sex. Following discovery, the district court granted the defendant’s motion for summary judgment, and it ruled that Wilks was not financially eligible to appeal in forma pauperis (IFP).

Wilks has moved this court for permission to proceed IFP on appeal. We agree with the district court’s determination that the financial information submitted by Wilks establishes that she is able to pay the costs of her appeal without undue hardship or deprivation of life’s necessities. See Adkins v. E.I. Du Pont de Nemours & Co., 335 U.S. 331, 339-40, 69 S.Ct. 85, 93 L.Ed. 43 (1948).

Because Wilks’s appellate arguments do not address the district court’s reason for entering summary judgment, she has failed to establish a nonfrivolous ground for appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982); 28 U.S.C. § 1915(a)(3). The motion to proceed IFP motion is denied. As the appeal contains no nonfrivolous issues, it is dismissed. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5th Cir. R. 42.2.

MOTION FOR IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *603 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
Ilona WILKS, Plaintiff-Appellant, v. FEDEX GROUND, Defendant-Appellee
Status
Unpublished