USA v. John Spivey, Jr.


UNPUBLISHED OPINION ORDER FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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