Chisholm v. Sumlin, et al

Filing 920070529

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 29, 2007 Charles R. Fulbruge III Clerk No. 06-30881 Summary Calendar BRIAN K. CHISHOLM, Plaintiff-Appellant, versus JONNY SUMLIN; RICHARD BRAZZEL; SERGEANT ELLISON, Defendants-Appellees. -------------------Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:06-CV-739 -------------------Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Brian K. Chisholm, Louisiana prisoner # 323477, moves for leave to proceed in forma pauperis (IFP) on appeal. The district

court denied Chisholm's IFP motion and certified that the appeal was not taken in good faith. By moving for IFP, Chisholm is Baugh v. Taylor,

challenging the district court's certification. 117 F.3d 197, 202 (5th Cir. 1997).

Chisholm filed a 42 U.S.C. § 1983 complaint and claims for declaratory and injunctive relief against Union Parish Detention Center
*

(UPDC)

officials

alleging

that:

(1)

UPDC

officials

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-30881 -2confiscated his legal books and failed to return them, thus

depriving him of his property without due process of law, (2) UPDC kitchen staff violated his rights under the Free Exercise Clause of the First Amendment by giving him meals that were prepared in violation of his Muslim faith. However, Chisholm's claims do not involve legal points

arguable on their merits.

See Howard v. King, 707 F.2d 215, 220

(5th Cir. 1983) (internal quotations and citations omitted); Baugh, 117 F.3d at 202. Accordingly, Chisholm's motion to proceed IFP is

DENIED and his appeal is DISMISSED.