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

Filing

UNPUBLISHED OPINION ORDER FILED. [16-40058 Dismissed for Lack of Jurisdiction] Judge: EHJ , Judge: JES , Judge: JLD; denying as moot motion to proceed IFP in accordance with PLRA filed by Appellant Mr. Vernon King, Jr. [8129067-2] [16-40058]

Case: 16-40058

Document: 00513944773

Page: 1

Date Filed: 04/07/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 16-40058

FILED
April 7, 2017

VERNON KING, JR.,

Lyle W. Cayce
Clerk

Plaintiff-Appellant
v.
BRYAN COLLIER; STEVEN N. RICH; GENE A. KROLL; CORDLE A.
THOMAS, JR.; KEITH GORSUCH; SHARON D. ALLEN; BRIDGHETT G.
EDDIE,
Defendants-Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:10-CV-36
Before JONES, SMITH, and DENNIS, Circuit Judges.
PER CURIAM: *
Vernon King, Jr., Texas prisoner # 590316, filed a 42 U.S.C. § 1983
complaint in which he alleged an incident at the Stiles Unit of the Texas
Department of Criminal Justice - Institutional Division.

King moves to

proceed in forma pauperis to appeal the magistrate judge’s order denying his
motion for appointment of counsel. This court must examine the basis of its

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40058

Document: 00513944773

Page: 2

Date Filed: 04/07/2017

No. 16-40058
jurisdiction, sua sponte, if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th
Cir. 1987). We lack jurisdiction to address this appeal. See Donaldson v.
Ducote, 373 F.3d 622, 624 (5th Cir. 2004); see also Colburn v. Bunge Towing,
Inc., 883 F.2d 372, 379 (5th Cir. 1989). Accordingly, we dismiss the appeal and
deny King’s motion as moot.
APPEAL DISMISSED; MOTION DENIED AS MOOT.

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