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

Filing

NON DISPOSITIVE UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.

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