Ayati-Ghaffari v. JP Morgan Chase ( 2023 )


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  • Case: 22-40172        Document: 00516616964             Page: 1      Date Filed: 01/19/2023
    United States Court of Appeals
    for the Fifth Circuit
    ____________                     United States Court of Appeals
    Fifth Circuit
    FILED
    No. 22-40172
    January 19, 2023
    Summary Calendar
    ____________                        Lyle W. Cayce
    Clerk
    In the Matter of Feysal Ayati-Ghaffari
    Debtor,
    Feysal Ayati-Ghaffari,
    Appellant,
    versus
    JP Morgan Chase Bank, N.A.; Carey D. Ebert,
    Appellees.
    ______________________________
    Appeal from the United States District Court
    for the Eastern District of Texas
    USDC No. 4:21-CV-326
    ______________________________
    Before Higginbotham, Duncan, and Wilson, Circuit Judges.
    Per Curiam:*
    Feysal Ayati-Ghaffari moves for leave to proceed in forma pauperis
    (IFP) in this appeal from the district court’s affirmance of rulings by the
    _____________________
    *
    This opinion is not designated for publication. See 5th Cir. R. 47.5.
    Case: 22-40172      Document: 00516616964          Page: 2    Date Filed: 01/19/2023
    No. 22-40172
    bankruptcy court on two motions and an objection to the trustee’s final
    report. The bankruptcy court based these rulings on the fact that Ayati-
    Ghaffari’s case had been dismissed and his bankruptcy estate no longer
    existed. The district court found that Ayati-Ghaffari’s arguments were
    barred by the doctrine of res judicata.
    By moving to proceed IFP, Ayati-Ghaffari challenges the district
    court’s certification that 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). Good faith
    is demonstrated when a party seeks review of a nonfrivolous issue, meaning
    one involving legal points that are arguable on the merits. Howard v. King,
    
    707 F.2d 215
    , 220 (5th Cir. 1983).
    Although we construe pro se filings liberally, even pro se litigants must
    brief arguments to preserve them. Yohey v. Collins, 
    985 F.2d 222
    , 225 (5th
    Cir. 1993). Ayati-Ghaffari has not briefed, and has therefore abandoned, any
    challenge to the substance of the rulings appealed. See 
    id. at 224-25
    . He
    therefore fails to show a nonfrivolous issue, and the merits of this appeal are
    so intertwined with the certification decision as to constitute the same issue.
    Accordingly, Ayati-Ghaffari’s IFP motion is DENIED, and the appeal is
    DISMISSED as frivolous. See Baugh, 
    117 F.3d at
    202 & n.24; 5th Cir.
    R. 42.2.
    2
    

Document Info

Docket Number: 22-40172

Filed Date: 1/19/2023

Precedential Status: Non-Precedential

Modified Date: 1/20/2023