Phillips v. Geico Insurance
Phillips v. Geico Insurance
Opinion
Case: 24-10783 Document: 28-1 Page: 1 Date Filed: 02/07/2025
United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-10783 Summary Calendar FILED ____________ February 7, 2025 Lyle W. Cayce Victoria A. Phillips, Clerk Plaintiff—Appellant, versus Geico Insurance Company; Geico Ins Agent, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:24-CV-1017 ______________________________ Before Stewart, Ho, and Wilson, Circuit Judges.
Per Curiam: * Victoria A. Phillips filed a civil action, in the Northern District of Texas, against the GEICO Insurance Company (GEICO) for fraud, extortion, and a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). The district court dismissed the complaint without prejudice for improper venue. See 28 U.S.C. § 1406(a).
_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 24-10783 Document: 28-1 Page: 2 Date Filed: 02/07/2025
No. 24-10783
Phillips moves for leave to proceed in forma pauperis (IFP), thereby challenging the district court’s certification that her appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). We will grant IFP status if the appeal involves legal points arguable on their merits.
See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Phillips’s appeal does not involve any legal points arguable on their merits and is frivolous. See id. Accordingly, the motion to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 & n.24.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.