Morris v. United States ( 2021 )

Case: 20-50303 Document: 00515801888 Page: 1 Date Filed: 03/30/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 30, 2021
No. 20-50303
Summary Calendar Lyle W. Cayce
Clerk
Carol Johnene Morris,
Petitioner—Appellant,
versus
United States of America,
Respondent—Appellee.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:20-CV-76
Before Willett, Ho, and Duncan, Circuit Judges.
Per Curiam:*
Carol Johnene Morris, Texas prisoner # 1681899, seeks to proceed in
forma pauperis (IFP) in her appeal of the district court’s dismissal of her 28
U.S.C. § 2241 petition challenging her four 1997 federal firearm-related
convictions. The district court dismissed the petition for lack of jurisdiction
*
Pursuant to 5th Circuit 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opinion should not be published and is not precedent except under the limited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 5th Circuit Rule 47.5.4.
Case: 20-50303 Document: 00515801888 Page: 2 Date Filed: 03/30/2021
No. 20-50303
because Morris was no longer in custody pursuant to the 1997 federal
convictions.
To proceed IFP, Morris must demonstrate both financial eligibility
and a nonfrivolous issue for appeal. See Fed. R. App. P. 24(a); Carson v.
Polley, 689 F.2d 562, 586 (5th Cir. 1982). Based on our review of Morris’s
submissions and the record, she has not demonstrated a nonfrivolous issue
for appeal with respect to the district court’s determination that it lacked
jurisdiction over her § 2241 petition. See Howard v. King, 707 F.2d 215, 220
(5th Cir. 1983). Therefore, her IFP motion is DENIED, and her appeal is
DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24
(5th Cir. 1997); 5th Cir. R. 42.2.
2