SHEPPARD v. KEMPT III II (2021)

United States Court of Appeals, Fifth Circuit.

Curtis Lee SHEPPARD, Jr., Plaintiff—Appellant, v. KEMPT, Assistant Warden; Watson, Law Library Clerk; C. Martinez, Step 2 Coordinator; M. Price, Investigator III; V. Matlock, Investigator II; S. Smith, Law Library Supervisor, Defendants—Appellees.

No. 20-40007

Decided: April 02, 2021

Before Willett, Ho, and Duncan, Circuit Judges.

Curtis Lee Sheppard, Jr., Pro Se

Curtis Lee Sheppard, Jr., Texas prisoner # 1656666, moves this court for authorization to proceed in forma pauperis (IFP) following the district court's dismissal of his 42 U.S.C. § 1983 complaint pursuant to the three strikes provision of 28 U.S.C. § 1915(g). Because he has failed to show that he should be allowed to proceed IFP on appeal under § 1915(g), see Banos v. O'Guin, 144 F.3d 883, 885 (5th Cir. 1998), Sheppard's motion for leave to proceed IFP is denied.

The facts surrounding the IFP decision are inextricably intertwined with the merits of the appeal. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir. 1997). The appeal presents no nonfrivolous issues and is dismissed as frivolous. 5th CIR. R. 42.2.

MOTION DENIED; APPEAL DISMISSED.

FOOTNOTES

FOOTNOTE.

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

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