Ernest Newman v. Executive Director of the TDCJ, et al


NON DISPOSITIVE UNPUBLISHED OPINION FILED. Judge: WED , Judge: EBC , Judge: GJC Awaiting District Court Action deadline due on 09/08/2015 Case 14-20495 placed in abeyance for limited remand in 4:14CV2036 from the Southern District of Texas [14-20495]

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Case: 14-20495 Document: 00513106485 Page: 1 Date Filed: 07/07/2015 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 14-20495 Summary Calendar July 7, 2015 Lyle W. Cayce Clerk ERNEST D. NEWMAN, Plaintiff-Appellant v. EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE; DIRECTOR OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE – CORRECTIONAL INSTITUTIONAL DIVISION; CHAPLAIN MARTIN, Chaplain of the Powledge Unit; WARDEN WHIET, Warden of the Powledge Unit; ASSISTANT WARDEN AULT, Assistant Warden of the Powledge Unit, Defendants-Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 4:14-CV-2036 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * Ernest D. Newman, Texas prisoner # 1892170, appeals the dismissal of his 42 U.S.C. § 1983 complaint as barred by 28 U.S.C. § 1915(g). Newman 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. UST47.5.4. * Case: 14-20495 Document: 00513106485 Page: 2 Date Filed: 07/07/2015 No. 14-20495 argues that the dismissal was improper because he was not proceeding in forma pauperis. It is unclear from the record whether the district court knew that Newman had taken steps to obtain the filing fee from the Inmate Trust Fund. It is also unclear whether the district court received those funds. Accordingly, the case is REMANDED for the limited purpose of permitting the district court to determine whether the filing fee was paid. Upon ruling, the district court shall return the case to this court for dismissal or further proceedings, as may be appropriate. 2

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