Smocks v. US Marshal, et al

Filing 920070213

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 13, 2007 Charles R. Fulbruge III Clerk No. 05-41802 Conference Calendar TROY A. SMOCKS, Petitioner-Appellant, versus UNITED STATES MARSHAL, Respondent-Appellee. -------------------Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:05-CV-422 -------------------Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* Troy A. Smocks, a federal prisoner, moves this court for authorization to proceed in forma pauperis (IFP) in his appeal from the district court's dismissal of his petition for habeas relief, filed under 28 U.S.C. § 2241. denied the right to a speedy trial. Smocks has failed to establish a nonfrivolous ground for appeal because he waived his claim that he was denied a speedy trial. See United States v. Bradfield, 113 F.3d 515, 526 (5th Smocks argues that he was

Cir. 1997); United States v. Bell, 966 F.2d 914, 915 (5th Cir. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

No. 05-41802 -21992); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982); 28 U.S.C. § 1915(a)(3). The motion to proceed IFP is denied.

As the appeal contains no nonfrivolous issues, it is dismissed. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR. R. 42.2. denied. MOTIONS DENIED; APPEAL DISMISSED. Smocks's motion for appointment of counsel is likewise