Wilks v. Fedex Ground , 158 F. App'x 602 ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 14, 2005
Charles R. Fulbruge III
Clerk
No. 05-60460
Conference Calendar
ILONA WILKS,
Plaintiff-Appellant,
versus
FEDEX GROUND,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:04-CV-32
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Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
Ilona Wilks filed a civil complaint for damages against
FedEx Ground, alleging that she was denied employment as a truck
driver on account of her race and sex. Following discovery, the
district court granted the defendant’s motion for summary
judgment, and it ruled that Wilks was not financially eligible to
appeal in forma pauperis (IFP).
Wilks has moved this court for permission to proceed IFP on
appeal. We agree with the district court’s determination that
the financial information submitted by Wilks establishes that she
*
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this opinion should not be published and is not precedent except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. 05-60460
-2-
is able to pay the costs of her appeal without undue hardship or
deprivation of life’s necessities. See Adkins v. E.I. Du Pont de
Nemours & Co., 335 U.S. 331, 339-40 (1948).
Because Wilks’s appellate arguments do not address the
district court’s reason for entering summary judgment, she has
failed to establish a nonfrivolous ground for appeal. See Carson
v. Polley, 689 F.2d 562, 586 (5th Cir. 1982); 28 U.S.C.
§ 1915(a)(3). The motion to proceed IFP motion is denied. As
the appeal contains no nonfrivolous issues, it is dismissed.
Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR.
R. 42.2.
MOTION FOR IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS.