Wilson v. Stephens ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10247
Summary Calendar
LONZIE WILSON, JR.,
Plaintiff-Appellant,
versus
No First Name STEPHENS, Assistant Warden;
R. EASON, Major,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:96-CV-153-X
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April 2, 1998
Before JOLLY, BENAVIDES and PARKER, Circuit Judges.
PER CURIAM:*
Lonzie Wilson, Jr., # 711254, has filed an application for
leave to proceed in forma pauperis (IFP) on appeal, following the
district court’s dismissal of his 42 U.S.C. § 1983 complaint for
failure to state a claim upon which relief could be granted. 28
U.S.C. § 1915(e)(2)(B)(ii). By moving for IFP, Wilson is
challenging the district court’s certification that IFP should
*
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that this opinion should not be published and is not precedent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. 97-10247
-2-
not be granted on appeal because his appeal is not taken in good
faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
Wilson has alleged that Stephens and Eason were aware that
Inmate Jones was mentally disturbed and on medication. He has
not specifically alleged that they were aware of facts which
would have put them on notice that Jones presented a substantial
risk of serious harm. See Farmer v. Brennan, 511 U.S. 825, 837
(1994). Accordingly, we uphold the district court’s order
certifying that the appeal is not taken in good faith. Wilson’s
request for IFP status is DENIED, and his appeal is DISMISSED as
frivolous. See Baugh, 117 F.3d at 202 n.24; 5TH CIR. R. 42.2.
We caution Wilson that any additional frivolous appeals
filed by him or on his behalf will invite the imposition of
sanctions. To avoid sanctions, Wilson is further cautioned to
review any pending appeals to ensure that they do not raise
arguments that are frivolous.
IFP DENIED; APPEAL DISMISSED; SANCTION WARNING ISSUED.