Cleveland Ferguson v. Burl Cain, Warden
Cleveland Ferguson v. Burl Cain, Warden
Opinion
Cleveland Ferguson, Louisiana prisoner # 193321, moves this court to proceed in forma pauperis (IFP) in this appeal from the district court’s dismissal of his 42 U.S.C. § 1983 complaint. The district court dismissed Ferguson’s complaint *493 based on a finding that the defendants were entitled to qualified immunity and Ferguson failed to state a claim for relief. The district court also denied Ferguson’s request to proceed IFP on appeal, certifying that the appeal was not taken in good faith. Ferguson’s IFP motion is a challenge to the district court’s certification that his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
Ferguson does not address the district court’s reasons for dismissing his § 1983 complaint. Because he fails to identify any error in the district court’s analysis, any argument is abandoned. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
Ferguson has not shown that he will present a nonfrivolous issue on appeal. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Accordingly, the motion for leave to proceed IFP is denied and the appeal is dismissed as frivolous. See Baugh, 117 F.3d at 202 n. 24; 5th Cir. R. 42.2.
The dismissal of this appeal as frivolous counts as one strike under 28 U.S.C. § 1915(g). Ferguson is cautioned that if he accumulates three strikes under § 1915(g), he will not be able to proceed IFP in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See § 1915(g).
IFP MOTION DENIED; APPEAL DISMISSED; SANCTION WARNING ISSUED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *493 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.