United States v. Duggan ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-20711
USDC No. CR-H-217
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BILLY RUSSELL DUGGAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
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February 19, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Billy Russell Duggan seeks to proceed in forma pauperis
(IFP) on appeal. In order to proceed IFP, Duggan must show that
he is a pauper and that he will present a nonfrivolous issue on
appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982).
We have reviewed the record and the district court's decision and
Duggan has not shown that the denial of this Fed. R. Civ. P.
60(b) motion was so unwarranted as to be an abuse of discretion.
See Seven Elves, Inc. v. Eskenazi, 635 F.2d 396, 402 (5th Cir.
1981). Therefore, Duggan's motion to proceed IFP is DENIED and
his appeal is DISMISSED.
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.