Dedeaux v. Foster ( 2002 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60198
Summary Calendar
JOHN JOSEPH DEDEAUX, SR.,
Plaintiff-Appellant,
versus
BETTY FOSTER, Etc.; ET AL.,
Defendants,
BETTY FOSTER, Mail Inspector at Parchman,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Northern District of Mississippi
(4:99-CV-237-B-D)
_________________________________________________________________
October 7, 2002
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
A district judge granted judgment as a matter of law
dismissing as frivolous a civil rights action brought by John
Joseph Dedeaux, Sr., Mississippi prisoner no. 93417, against Betty
Foster. Three other defendants had already been dismissed for
Dedeaux’s failure to state a cause of action against them under 42
U.S.C. § 1983. The district judge denied Dedeaux’s motion to
proceed on appeal in forma pauperis (IFP) and certified that the
*
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that this opinion should not be published and is not precedent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.
appeal was not taken in good faith under 28 U.S.C. § 1915(a)(3) and
FED. R. APP. P. 24(a)(3). Dedeaux now seeks leave from this court
to appeal IFP. See Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997).
Dedeaux does not address the reasons for the district court’s
certification that his appeal is not taken in good faith. He
therefore has waived the only issue relevant to his IFP motion. See
Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993) (issues not
briefed are abandoned). Dedeaux fails to show that he would present
any nonfrivolous issue for appeal.
His motion to proceed IFP is DENIED, and his appeal is
DISMISSED as frivolous. See 5TH CIR. R. 42.2.
DENIED AND DISMISSED