Eric Flores v. R. Moore, et al


UNPUBLISHED OPINION ORDER FILED. [16-11033 Dismissed as Frivolous] Judge: EGJ, Judge: WED, Judge: LHS. Mandate pull date is 06/20/2017; denying motion to proceed IFP in accordance with PLRA filed by Appellant Mr. Eric Flores [8273880-2] [16-11033]

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Case: 16-11033 Document: 00514011315 Page: 1 Date Filed: 05/30/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-11033 FILED May 30, 2017 Lyle W. Cayce Clerk ERIC FLORES, Plaintiff-Appellant v. R. MOORE, Senior Warden; D. LOFTON, Assistant Warden, Defendants-Appellees Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CV-987 Before JOLLY, DAVIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * Eric Flores, Texas prisoner # 2051801, moves this court for authorization to proceed in forma pauperis (IFP) following the district court’s dismissal of his 42 U.S.C. § 1983 complaint. As Flores has raised only fanciful allegations, including claims that he has already been executed and that the defendants have used technology from outer space to harm him and his family, he has failed to show that he should be allowed to proceed IFP on appeal under 28 U.S.C. § 1915(g) or that his appeal of the district court’s judgment presents a 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 16-11033 Document: 00514011315 Page: 2 Date Filed: 05/30/2017 No. 16-11033 nonfrivolous issue. See Banos v. O’Guin, 144 F.3d 883, 885 (5th Cir. 1998); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). Flores’s motion for leave to proceed IFP is denied. The facts surrounding the IFP decision are inextricably intertwined with the merits of the appeal. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir. 1997). The appeal presents no nonfrivolous issues and is dismissed as frivolous. See 5TH CIR. R. 42.2. Flores is WARNED that any future frivolous, repetitive, or otherwise abusive filings will subject him to additional and progressively more severe sanctions. Flores is DIRECTED to review all pending matters and move to dismiss any that are frivolous, repetitive, or otherwise abusive. IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED. 2

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