Vernon King, Jr. v. Brad Livingston, et al


UNPUBLISHED OPINION ORDER FILED. [16-20262 Dismissed as Frivolous] Judge: EBC, Judge: ECP, Judge: SAH. Mandate pull date is 05/01/2017; denying motion to proceed IFP in accordance with PLRA filed by Appellant Mr. Vernon King, Jr. [8211562-2]; denying as moot motion to stay proceedings filed by Appellant Mr. Vernon King, Jr. [8251987-2] [16-20262]

Download PDF
Case: 16-20262 Document: 00513946210 Page: 1 Date Filed: 04/10/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-20262 United States Court of Appeals Fifth Circuit FILED April 10, 2017 VERNON KING, JR., Lyle W. Cayce Clerk Plaintiff-Appellant v. BRYAN COLLIER; WARDEN TONY R. CHARE; WARDEN CHRISTOPHER LACOX; WARDEN GHEFF H. PRESTWOOD; MURRAY OWEN, MBA; JULYE ERNISTINE, M.D.; MOTT KHARA, M.D.; ELDON L. MONK; M. HENKEMEYER, R.N.; J. HORNS, Licensed Vocational Nurse; BOYCE, Licensed Vocational Nurse; C. MCCAULEY, Licensed Vocational Nurse; S. MADL, Licensed Vocational Nurse; SCOTT, R.N.; RUSSELL, R.N.; CAPTAIN R. COOK; MAJOR M. B. CROW; LIEUTENANT C. A. APPLEWHITE; SERGEANT J. JACKSON; OFFICER S. GRANT; OFFICER HENRY, Defendants-Appellees Appeals from the United States District Court for the Southern District of Texas USDC No. 4:16-CV-943 Before CLEMENT, PRADO, and HIGGINSON, Circuit Judges. PER CURIAM: * Vernon King, Jr., Texas prisoner # 590316, moves this court for authorization to proceed in forma pauperis (IFP) following the district court’s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-20262 Document: 00513946210 Page: 2 Date Filed: 04/10/2017 No. 16-20262 dismissal of his 42 U.S.C. § 1983 complaint. King 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 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). King’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. 5TH CIR. R. 42.2. King’s motion to stay proceedings is denied as moot. IFP DENIED; STAY DENIED AS MOOT; APPEALS DISMISSED. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?