Polonczyk v. Corporate State ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 30, 2009
No. 08-60895
Summary Calendar Charles R. Fulbruge III
Clerk
KIM ANTHONY POLONCZYK
Plaintiff-Appellant
v.
CORPORATE STATE OF ARKANSAS; MIKE BEEBE, Governor
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:08-CV-284
Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:*
Kim Anthony Polonczyk filed a civil action against the State of Arkansas
and Governor Beebe alleging various instances of discrimination and abuse. The
district court dismissed the suit as frivolous because, under the Eleventh
Amendment, the defendants are immune from such suits where the only relief
sought is monetary damages. The district court denied Polonczyk’s motion for
leave to proceed in forma pauperis (IFP) on appeal after finding that the appeal
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-60895
would be frivolous. Polonczyk now seeks this court’s leave to proceed IFP on
appeal.
Although Polonczyk asserts generally that the defendants waived their
sovereign immunity by accepting federal funds, he fails to assert any facts that
demonstrate a specific abrogation of that immunity. Accordingly, he fails to
show that he will raise a nonfrivolous issue on appeal. See Atascadero State
Hospital v. Scanlon, 473 U.S. 234, 246-47 (1985), superseded by statute, 42
U.S.C. § 2000d-7; Hurst v. Texas Dep’t of Assistive & Rehab. Servs., 482 F.3d 809,
810 (5th Cir. 2007). Polonczyk’s IFP motion is denied, and the appeal is
dismissed as frivolous. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982);
5 TH C IR. R. 42.2.
APPEAL DISMISSED; IFP MOTION DENIED.
2