United States v. Rosario Divins ( 2018 )

Case: 18-50390 Document: 00514721679 Page: 1 Date Filed: 11/13/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-50390 November 13, 2018
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ROSARIO DIVINS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:08-CR-889-1
Before SMITH, HIGGINSON, and DUNCAN, Circuit Judges.
PER CURIAM: *
Rosario Divins, federal prisoner # 30034-280, seeks leave to proceed in
forma pauperis (IFP) on appeal from the denial of her Federal Rule of Criminal
Procedure 36 motion to correct a clerical error. By moving to proceed IFP,
Divins is challenging the district court’s certification decision that her appeal
was not taken in good faith because it is frivolous. See Baugh v. Taylor, 117
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 18-50390 Document: 00514721679 Page: 2 Date Filed: 11/13/2018
No. 18-50390
F.3d 197, 202 (5th Cir. 1997). Divins’s motion to file a supplemental brief is
GRANTED.
Divins does not address the district court’s reasons for denying her IFP
motion or her Rule 36 motion. When an appellant fails to identify any error in
the district court’s analysis, it is the same as if the appellant had not appealed
that issue. Brinkmann v. Dallas Cty. Deputy Sheriff Abner, 813 F.2d 744, 748
(5th Cir. 1987); see also FED. R. APP. P. 28(a)(8). Thus, Divins’s motion to
proceed IFP is DENIED, and her appeal is DISMISSED as frivolous. See
Baugh, 117 F.3d at 202 n.24; 5TH CIR. R. 42.2. Divins is WARNED that filing
repetitive or frivolous pleadings in this court could result in the imposition of
sanctions. These sanctions may include dismissal, monetary sanctions, and
restrictions on her ability to file pleadings in this court and any court subject
to this court’s jurisdiction.
2