United States v. Christopher Joseph ( 2019 )

Case: 19-30369 Document: 00515173652 Page: 1 Date Filed: 10/25/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 19-30369 FILED
Summary Calendar October 25, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CHRISTOPHER JOSEPH,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:13-CR-184-3
Before HIGGINBOTHAM, SOUTHWICK, and WILLETT, Circuit Judges.
PER CURIAM: *
Christopher Joseph, federal prisoner # 33190-034, moves for leave to
proceed in forma pauperis (IFP) in this purported direct appeal of the sentence
imposed following his drug conspiracy conviction. The district court has not
yet considered the magistrate judge’s ruling on Joseph’s IFP motion; thus, we
lack jurisdiction to consider the magistrate judge’s ruling. See Donaldson v.
Ducote, 373 F.3d 622, 624-25 (5th Cir. 2004).
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-30369 Document: 00515173652 Page: 2 Date Filed: 10/25/2019
No. 19-30369
Furthermore, we previously dismissed Joseph’s direct appeal as frivolous.
See United States v. Joseph, 631 F. App’x 247, 248 (5th Cir. 2016). His attempt
to challenge his sentence in a second direct appeal is without arguable merit
and is, therefore, frivolous. See 5TH CIR. R. 42.2; United States v. Arlt, 567 F.2d
1295, 1296-97 (5th Cir. 1978).
Accordingly, the appeal is DISMISSED in part for lack of jurisdiction and
in part as frivolous. The IFP motion is DENIED.
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