Ricky Ewing v. Denstiny Richie, et al

Filing

UNPUBLISHED OPINION ORDER FILED. [17-60176 Dismissed as Frivolous] Judge: JES, Judge: ECP, Judge: JWE. Mandate issue date is 12/07/2017; denying motion to proceed IFP in accordance with PLRA filed by Appellant Mr. Ricky Ronnell Ewing [8481194-2] [17-60176]

Case: 17-60176

Document: 00514238173

Page: 1

Date Filed: 11/15/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-60176

United States Court of Appeals
Fifth Circuit

FILED
November 15, 2017
Lyle W. Cayce
Clerk

RICKY RONNELL EWING,
Plaintiff-Appellant
v.

DENSTINY RICHIE, Nurse; LATRINA GAMBLE, Correctional Officer;
PORCHIA JOHNSON, Correctional Officer,
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:16-CV-90
Before SMITH, PRADO, and ELROD, Circuit Judges.
PER CURIAM: *
Ricky Ronnell Ewing, Mississippi prisoner # 34353, moves for leave to
proceed in forma pauperis (IFP) on appeal from the dismissal of his 42 U.S.C.
§ 1983 complaint. The district court denied Ewing leave to proceed IFP on
appeal, certifying that the appeal was not taken in good faith because Ewing
had not sought review of any issue that was arguable on its merits.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-60176

Document: 00514238173

Page: 2

Date Filed: 11/15/2017

No. 17-60176
Ewing pleads his indigency but does not challenge any legal aspect of the
district court’s disposition of his § 1983 complaint or the certification that his
appeal is not taken in good faith. Accordingly, he has abandoned the critical
issues of his appeal. See Brinkmann v. Dallas County Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir. 1987). Thus, the appeal lacks arguable merit and
is therefore frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).
Ewing’s motion for leave to proceed IFP on appeal is DENIED, and his appeal
is DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 n.24 (5th
Cir. 1997); 5TH CIR. R. 42.2.

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