U.S. Court of Appeals for the Fifth Circuit, 2008

Amir-Sharif v. Dallas County Jail SRT Unit

Amir-Sharif v. Dallas County Jail SRT Unit
U.S. Court of Appeals for the Fifth Circuit · Decided May 22, 2008 · King, Davis, Clement
278 F. App'x 461

Amir-Sharif v. Dallas County Jail SRT Unit

Opinion

PER CURIAM: *

Lakeith Amir-Sharif moves this court for authorization to proceed in forma pauperis (IFP) following the district court’s dismissal of his 42 U.S.C. § 1983 suit as duplicative. One who wishes to proceed IFP on appeal must show that he is impecunious and that he will raise a nonfrivolous appellate issue. Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982).

Amir-Sharif argues that the district court erred by dismissing his suit as duplicative without first specifying exactly which claims were duplicative of the claims filed in an earlier suit. He also maintains that his claims, which pertain to cell and body cavity searches, have merit. Amir-Sharif has not shown that the district court abused its discretion by dismissing his suit as duplicative. See Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988). He likewise has not shown that he will raise a nonfrivolous claim in his appeal. See Carson, 689 F.2d at 586. Accordingly, his motion to proceed IFP on appeal is DENIED, and his appeal is DISMISSED as frivolous. See 5th Cir. R. 42.2.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.