Mikkilineni v. The City of Houston ( 2004 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-20430
Conference Calendar
M.R. MIKKILINENI,
Plaintiff-Appellant,
versus
THE CITY OF HOUSTON; THE UNITED STATES
DEPARTMENT OF LABOR, Occupational Safety and Health
Administration; JUAN PADRON; HAROLD DARK; JOHN LAWSON;
ROBIN HORNING; DENIS LLOYD; RUSSELL MAI;
PHILIP BARNARD; GARY ORADAT,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. CV-94-H-3552
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February 10, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
M.R. Mikkilineni, proceeding pro se, requests leave to
proceed on appeal in forma pauperis (IFP) from the dismissal of
his motion filed pursuant to Fed. R. Civ. P. 60(b)(6). A movant
for IFP on appeal must show that he is a pauper and that he will
present a nonfrivolous issue on appeal. See Carson v. Polley,
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
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that this opinion should not be published and is not precedent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.
No. 98-20430
-2-
689 F.2d 562, 586 (5th Cir. 1982). Mikkilineni has not explained
the issues that he intends to raise on appeal and thus, has not
made the required showing that he will present a nonfrivolous
issue on appeal. See Carson, 689 F.2d at 586. Accordingly, the
motion for leave to proceed on appeal IFP is DENIED.
Furthermore, Mikkilineni may not obtain an appeal of the
final judgment by appealing from the denial of a successive Fed.
R. Civ. P. 60(b) motion. See Burnside v. Eastern Airlines, Inc.,
519 F.2d 1127, 1128 (5th Cir. 1975).
Mikkilineni’s appeal is DISMISSED as frivolous. Mikkilineni
is warned that future frivolous appeals will invite the
imposition of sanctions. Mikkilineni should review any pending
appeals to ensure that they do not raise frivolous arguments.
IFP MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION
WARNING ISSUED.