Thomson v. Houston Police Department , 114 F. App'x 152 ( 2004 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                November 30, 2004
    Charles R. Fulbruge III
    Clerk
    No. 04-20167
    Summary Calendar
    B. JOE THOMSON,
    Plaintiff-Appellant,
    versus
    HOUSTON POLICE DEPARTMENT; SOUTH TEXAS COLLEGE OF LAW,
    Defendants-Appellees.
    --------------------
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 4:03-CV-3908
    --------------------
    Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
    PER CURIAM:*
    B. Joe Thomson challenges the district court’s denial of his
    motion for a new trial and his application to proceed in forma
    pauperis (“IFP”) on appeal following the dismissal of his civil
    rights complaint as barred by res judicata.   Thomson is
    effectively challenging the district court’s certification that
    he should not be granted IFP status because his appeal is not
    taken in good faith.   See Baugh v. Taylor, 
    117 F.3d 197
    , 202 (5th
    Cir. 1997); 28 U.S.C. § 1915(a)(3); FED. R. APP. P. 24(a).
    *
    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    this opinion should not be published and is not precedent except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.
    No. 04-20167
    -2-
    Thomson has not demonstrated that he will raise a
    nonfrivolous issue on appeal.   See Howard v. King, 
    707 F.2d 215
    ,
    220 (5th Cir. 1983).   Accordingly, Thomson’s motion to proceed
    IFP is DENIED, and his appeal is DISMISSED as frivolous.   5TH CIR.
    R. 42.2; 
    Baugh, 117 F.3d at 202
    n.24.
    IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS.
    

Document Info

Docket Number: 04-20167

Citation Numbers: 114 F. App'x 152

Judges: Clement, DeMOSS, Garza, Per Curiam

Filed Date: 11/30/2004

Precedential Status: Non-Precedential

Modified Date: 8/2/2023