U.S. Court of Appeals for the Fifth Circuit, 2011

Steven Rutherford v. Employment Standard Admin, et

Steven Rutherford v. Employment Standard Admin, et
U.S. Court of Appeals for the Fifth Circuit · Decided May 3, 2011 · Davis, Per Curiam, Smith, Southwick
424 F. App'x 319

Steven Rutherford v. Employment Standard Admin, et

Opinion

PER CURIAM: *

Steven L. Rutherford has applied for leave to proceed in forma pauperis (IFP) in his appeal from the district court’s dismissal for lack of subject matter jurisdiction of his consolidated lawsuit relating to the denial of his Federal Employees Compensation Act (FECA) claim. The district court also dismissed with prejudice Rutherford’s related claims against two defendants based on qualified immunity. Rutherford has also filed in this court motions seeking “Injunction of Relief,” a writ of habeas corpus, a “Writ of Release,” a “Writ of Seizure,” and expedited consideration of two of these motions.

To proceed IFP, Rutherford must show that he is a pauper and that the appeal is taken in good faith, ie., that he will raise a nonfrivolous issue on appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982).

Rutherford has not shown that he is financially eligible to proceed IFP in his appeal. 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). His motion for leave to proceed IFP on appeal is denied.

Examination of the record, Rutherford’s appellate brief, and his various motions and responses show that this appeal is frivolous. Accordingly, the appeal is dismissed. See 5th Cir. R. 42.2; Baugh v. Taylor, 117 F.3d 197, 202 n. 24 (5th Cir. 1997). Rutherford’s remaining motions are also denied.

ALL MOTIONS DENIED; APPEAL DISMISSED AS FRIVOLOUS.

*

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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