James Boone v. Scooter Store, et al


UNPUBLISHED OPINION ORDER FILED. [10-30741 Dismissed as Frivolous] Judge: JLD , Judge: EBC , Judge: JWE Mandate pull date is 04/06/2011; denying motion to proceed IFP filed by Appellant Mr. James M Boone [6681870-2] [10-30741]

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James Boone v. Scooter Store, et al Case: 10-30741 Document: 00511412500 Page: 1 Date Filed: 03/16/2011 Doc. 0 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-30741 Summary Calendar March 16, 2011 Lyle W. Cayce Clerk JAMES M BOONE, Plaintiff-Appellant v. SCOOTER STORE; ABULLA AEMA, Defendants-Appellees Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:10-CV-1059 Before DENNIS, CLEMENT, and ELROD, Circuit Judges. PER CURIAM:* James M. Boone seeks leave to proceed in forma pauperis (IFP) in his appeal from the district court's denial of his request to proceed IFP in the instant suit, which is based on diversity of citizenship. Boone insists that the district court erred by denying his IFP motion because he is impecunious. Boone's arguments are insufficient to show that he will raise a nonfrivolous issue on appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). Consequently, his IFP motion is DENIED, and this appeal is DISMISSED as frivolous. See 5 TH C IR. R. 42.2. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Dockets.Justia.com

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