Kenneth Mouton v. State of Louisiana

U.S. Court of Appeals for the Fifth Circuit
Kenneth Mouton v. State of Louisiana, 544 F. App'x 513 (5th Cir. 2013)

Kenneth Mouton v. State of Louisiana

Opinion

PER CURIAM: *

Kenneth J. Mouton, Louisiana prisoner # 328541, moves for leave to proceed in *514 forma pauperis (IFP) on appeal from the dismissal of his 42 U.S.C. § 1988 complaint as frivolous and for failure to state a claim pursuant to 28 U.S.C. § 1915(e). Mou-toris claims against attorney Peter Q. John, the O’Neal legal firm, the Lafayette Parish District Attorney’s Office, District Attorney Ronald Dauterive, Judge Patrick Michot, juror Wayne Clifton, and attorney Harold Register were dismissed as dupli-cative and frivolous. His claims against Charles Plattsmire and the Louisiana Disciplinary Board were dismissed on grounds of immunity.

The district court denied Mouton’s request for IFP status, certifying that an appeal would not be taken in good faith. By moving to proceed IFP on appeal, Mouton challenges the district court’s certification. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). He also moves for appointment of counsel and designation of record.

Mouton provides only conclusory arguments that the district court erred, without citations to the record and without reference to any relevant legal authorities. His appeal fails to set forth any issue of arguable legal merit and is, therefore, frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). His motion to proceed IFP is denied, and we dismiss his appeal as frivolous. See 5th CiR. R. 42.2. His motion for appointment of counsel and designation of record is also denied.

The district court’s dismissal of his complaint as frivolous and the dismissal of this appeal count as two strikes under 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Mouton has one previous strike. See Mouton v. John, et al, No. 3:11-CV-225 (M.D.La. Apr. 26, 2011). Mouton has now accumulated three strikes; therefore, he is barred from proceeding in forma pauperis 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; MOTION FOR APPOINTMENT OF COUNSEL AND DESIGNATION OF RECORD DENIED; 28 U.S.C. § 1915(g) BAR IMPOSED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *514 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
Kenneth J. MOUTON, Plaintiff-Appellant v. State of LOUISIANA; Peter Q. John, Attorney # 25725 O’Neal Legal, L.L.C.; Louisiana Disciplinary Board; O’Neal Legal, L.L.C.; Charles B. Plattsmire, Chief Disciplinary Counsel, Defendants-Appellees
Status
Unpublished