Payne v. Payne

Case: 24-10393 Document: 73-1 Page: 1 Date Filed: 03/30/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-10393 Summary Calendar FILED ____________ March 30, 2026 Lyle W. Cayce In the Matter of Marcus Jarrod Payne Clerk Debtor,

Marcus Jarrod Payne, Appellant, versus Stacy Eley Payne, Appellee. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-CV-2709 ______________________________ Before Jones, Smith, and Higginson, Circuit Judges.

Per Curiam: *

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-10393 Document: 73-1 Page: 2 Date Filed: 03/30/2026

No. 24-10393

Marcus Jarrod Payne moves for leave to proceed in forma pauperis (IFP) in this appeal from the district court’s order affirming the bankruptcy court’s denial of Payne’s motion to vacate a permanent injunction.

A motion to proceed IFP on appeal is a challenge to the district court’s certification that the appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). Appellant’s motion and briefing fail to show that the district court erred in finding that his proposed appeal would be objectively frivolous. His appeal is without arguable merit and thus frivolous. See Howard v. King, 707 F.2d 215, 219–20 (5th Cir. 1983) (per curiam).

This appeal is therefore DISMISSED. See Baugh, 117 F.3d at 202 n.24; 5th Cir. R. 42.2. Appellant’s motion to proceed IFP is DENIED as moot.