Case: 17-41171 Document: 00514507935 Page: 1 Date Filed: 06/11/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-41171 FILED June 11, 2018 Lyle W. Cayce MICHAEL GARRETT, Clerk Plaintiff-Appellant v. LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Defendant-Appellee

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:17-CV-337

Before ELROD, GRAVES, and HO, Circuit Judges.

PER CURIAM: * Michael Garrett, Texas prisoner # 697364, moves this court for authorization to proceed in forma pauperis (IFP) following the district court’s dismissal of his 42 U.S.C. § 1983 complaint. Garrett has failed to show that he should be allowed to proceed IFP on appeal under 28 U.S.C. § 1915(g) or that his appeal of the district court’s judgment presents a nonfrivolous issue. See

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-41171 Document: 00514507935 Page: 2 Date Filed: 06/11/2018

No. 17-41171 Baños v. O’Guin, 144 F.3d 883, 885 (5th Cir. 1998); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). Garrett’s motion for leave to proceed IFP is denied.

The facts surrounding the IFP decision are inextricably intertwined with the merits of the appeal. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir. 1997). The appeal presents no nonfrivolous issues and is dismissed as frivolous. 5TH CIR. R. 42.2.

MOTION TO PROCEED IFP ON APPEAL DENIED; APPEAL DISMISSED.