Arthur Williams v. William Morrison, et al
UNPUBLISHED OPINION ORDER FILED. [16-41407 Dismissed as Frivolous] Judge: WED , Judge: EBC , Judge: PRO Mandate pull date is 09/21/2017; denying motion to proceed IFP in accordance with PLRA filed by Appellant Mr. Arthur Williams [8390566-2] [16-41407]
Date Filed: 08/31/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
August 31, 2017
Lyle W. Cayce
WILLIAM MORRISON, Transportation Officer-Beto
CALLABERO, Transportation Officer-Beto Unit,
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:14-CV-884
Before DAVIS, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Arthur Williams, Texas prisoner # 1036680, has applied for leave to
proceed in forma pauperis (IFP) in this appeal from the district court’s grant
of summary judgment for Defendant William Morrison and its dismissal of
Williams’s civil rights complaint. By moving this court for leave to proceed
IFP, Williams is challenging the determination that his appeal was not taken
in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). A motion
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 08/31/2017
for leave to proceed IFP on appeal “must be directed solely to the trial court’s
reasons for the certification decision.” Id. Our inquiry into good faith “is
limited to whether the appeal involves legal points arguable on their merits
(and therefore not frivolous).” Howard v. King, 707 F.2d 215, 220 (5th Cir.
1983) (internal quotation marks and citations omitted).
Williams has failed to brief the legal merits of the district court’s
certification decision and has, therefore, abandoned any challenge to it that he
could have raised. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813
F.2d 744, 748 (5th Cir. 1987); Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.
Even with proper briefing, Williams’s appeal is frivolous, as the
summary judgment evidence established that he failed to exhaust his
administrative remedies with respect to the claim that was the basis of the
instant suit. See Cowart v. Erwin, 837 F.3d 444, 451 (5th Cir. 2016).
The motion for leave to proceed IFP is DENIED, and the appeal is
DISMISSED as frivolous. See 5th Cir. R. 42.2; Baugh, 117 F.3d at 202 & n.24.
The dismissal of Williams’s appeal as frivolous counts as a strike for
purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 388
(5th Cir. 1996). Williams is WARNED that receiving two more strikes will
preclude him from proceeding in forma pauperis in any civil action or appeal
while he is incarcerated or detained in any facility unless he “is under
imminent danger of serious physical injury.” § 1915(g).
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?