U.S. Court of Appeals for the Fifth Circuit, 2015

Newman v. Executive Director of the Texas Department of Criminal Justice

Newman v. Executive Director of the Texas Department of Criminal Justice
U.S. Court of Appeals for the Fifth Circuit · Decided July 7, 2015 · Davis, Clement, Costa
609 F. App'x 215

Newman v. Executive Director of the Texas Department of Criminal Justice

Opinion

PER CURIAM: *

Ernest D. Newman, Texas prisoner # 1892170, appeals the dismissal of his 42 U.S.C. § 1983 complaint as barred by 28 U.S.C. § 1915(g). Newman argues that the dismissal was improper because he was not proceeding in forma pauperis.

It is unclear from the record whether the district court knew that Newman had taken steps to obtain the filing fee from the Inmate Trust Fund. It is also unclear whether the district court received those funds. Accordingly, the case is REMANDED for the limited purpose of permitting the district court to determine whether the filing fee was paid. Upon ruling, the district court shall return the case to this court for dismissal or further proceedings, as may be appropriate.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. UST47.5.4.

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