Brown v. Chism

Case: 25-20303 Document: 31-1 Page: 1 Date Filed: 01/28/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-20303 ____________ FILED January 28, 2026 Mark Audwin Brown, Lyle W. Cayce Clerk Plaintiff—Appellant, versus Daniel K. Chism; Anthony Marquis Farmer, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:20-CV-4361 ______________________________ Before Graves, Ho, and Douglas, Circuit Judges.

Per Curiam: * Mark Audwin Brown, a Texas state pretrial detainee, seeks to proceed in forma pauperis (IFP) on appeal from the denial of his motion to reopen the time to file an appeal from the dismissal of his civil complaint. The district court denied the motion on the basis that Brown failed to cite any authority providing the district court with the ability to reopen an appeal that has been dismissed by our court for want of prosecution. Brown’s IFP _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-20303 Document: 31-1 Page: 2 Date Filed: 01/28/2026

No. 25-20303 motion is a challenge to the district court’s certification that any appeal would not be taken in good faith because Brown will not present a nonfrivolous appellate issue. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

Brown has not alleged that he did not receive notice of the underlying judgment; to the contrary, he previously appealed it. See 28 U.S.C. § 2107(c)(1); Fed. R. App. P. 4(a)(6). Thus, he fails to demonstrate a nonfrivolous issue with respect to the district court’s denial of his motion to reopen the time to file an appeal. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). His motion to proceed IFP on appeal is therefore DENIED, and the appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 n.24; 5th Cir. R. 42.2.