Eric Flores v. R. Moore, et al


UNPUBLISHED OPINION ORDER FILED. [16-20587 Dismissed as Frivolous] Judge: EHJ, Judge: JES, Judge: JLD. Mandate pull date is 07/17/2017; denying motion to proceed IFP in accordance with PLRA filed by Appellant Mr. Eric Flores [8320398-2] [16-20587]

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Case: 16-20587 Document: 00514049229 Page: 1 Date Filed: 06/26/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-20587 United States Court of Appeals Fifth Circuit FILED June 26, 2017 Lyle W. Cayce Clerk ERIC FLORES, Plaintiff–Appellant, versus R. MOORE; M. ROESLER; JESUS PERALTA, Defendants–Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:16-CV-2220 Before JONES, SMITH, and DENNIS, Circuit Judges. PER CURIAM: * Eric Flores, Texas prisoner # 2051801, moves for authorization to proceed in forma pauperis (“IFP”) following the dismissal of his 42 U.S.C. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-20587 Document: 00514049229 Page: 2 Date Filed: 06/26/2017 No. 16-20587 § 1983 complaint. Because Flores has raised only fanciful allegations, including claims that he has already been executed and that the defendants have utilized deadly technology to torture him and his parents, 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 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). The motion for leave to proceed IFP is denied. The facts surrounding the IFP request 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 to move to dismiss any that are frivolous, repetitive, or otherwise abusive. 2

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