Smocks v. United States Marshall

U.S. Court of Appeals for the Fifth Circuit
Smocks v. United States Marshall, 217 F. App'x 385 (5th Cir. 2007)

Smocks v. United States Marshall

Opinion

PER CURIAM: *

Troy A. Smocks, a federal prisoner, moves this court for authorization to proceed in forma pauperis (IFP) in his appeal from the district court’s dismissal of his petition for habeas relief, filed under 28 *386 U.S.C. § 2241. Smocks argues that he was denied the right to a speedy trial.

Smocks has failed to establish a nonfrivolous ground for appeal because he waived his claim that he was denied a speedy trial. See United States v. Bradfield, 113 F.3d 515, 526 (5th Cir. 1997); United States v. Bell, 966 F.2d 914, 915 (5th Cir. 1992); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982); 28 U.S.C. § 1915(a)(3). The motion to proceed IFP 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. Smocks’s motion for appointment of counsel is likewise denied.

MOTIONS DENIED; APPEAL DISMISSED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
Troy A. SMOCKS, Petitioner-Appellant, v. UNITED STATES MARSHALL, Respondent-Appellee
Status
Unpublished