USA v. John Spivey, Jr.

Filing

UNPUBLISHED OPINION ORDER FILED. [16-50977 Dismissed as Frivolous] Judge: PRO , Judge: JWE , Judge: GJC Mandate pull date is 08/18/2017; denying motion to proceed IFP filed by Appellant Mr. John Henry Spivey, Jr. [8330292-2] [16-50977]

Case: 16-50977

Document: 00514050043

Page: 1

Date Filed: 06/27/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-50977

United States Court of Appeals
Fif h Circuit

FILED
June 27, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOHN HENRY SPIVEY, JR.,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 5:13-CV-478
USDC No. 5:09-CR-558-4
Before OWEN, ELROD, and COSTA, Circuit Judges.
PER CURIAM: *

John Henry Spivey, Jr., federal prisoner # 10158-002, requests leave to
appeal in forma pauperis (IFP) from the district court’s denial of his motion to
“revive” a prior appeal. Spivey’s motion was “unauthorized and without a
jurisdictional basis.” See United States v. Early, 27 F.3d 140, 141 (5th Cir.
1994). His appeal from the denial of this motion is frivolous. See Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because Spivey’s appeal fails to
present a nonfrivolous issue, his motion for IFP is DENIED. See Baugh v.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-50977

Document: 00514050043

Page: 2

Date Filed: 06/27/2017

No. 16-50977
Taylor, 117 F.3d 197, 202 & n.24 (5th Cir. 1997). The appeal is DISMISSED
as frivolous. 5TH CIR. R. 42.2.

2