Timms v. Douthit ( 2022 )

Case: 20-10732 Document: 00516533895 Page: 1 Date Filed: 11/04/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 20-10732
Summary Calendar FILED
November 4, 2022
Lyle W. Cayce
Paul D. Timms, Clerk
Plaintiff—Appellant,
versus
Christian Douthit, Medical Doctor,
Defendant—Appellee.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:20-CV-67
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam:*
Paul D. Timms, Texas prisoner # 1564883, appeals the district court’s
denial of his motion to proceed in forma pauperis (IFP) in his 42 U.S.C.
§ 1983 proceeding. We review the district court’s denial of IFP status for an
abuse of discretion. See Flowers v. Turbine Support Div., 507 F.2d 1242, 1244
*
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opinion should not be published and is not precedent except under the limited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: 20-10732 Document: 00516533895 Page: 2 Date Filed: 11/04/2022
No. 20-10732
(5th Cir. 1975), superseded on other grounds by statute as recognized in Thompson
v. Drewry, 138 F.3d 984, 985-86 (5th Cir. 1998).
The district court’s determination that Timms was financially
ineligible to proceed IFP was not based on arbitrary or erroneous grounds.
See Flowers, 507 F.2d at 1244. Given the deposits and balances in Timms’s
inmate trust account during the months preceding the initiation of his § 1983
action, the district court’s ruling does not represent an abuse of discretion.
See id.
AFFIRMED.
2