Sheppard v. Kempt ( 2021 )

Case: 20-40007 Document: 00515806471 Page: 1 Date Filed: 04/02/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
No. 20-40007 April 2, 2021
Summary Calendar
Lyle W. Cayce
Clerk
Curtis Lee Sheppard, Jr.,
Plaintiff—Appellant,
versus
Kempt, Assistant Warden; Watson, Law Library Clerk; C.
Martinez, Step 2 Coordinator; M. Price, Investigator III; V.
Matlock, Investigator II; S. Smith, Law Library Supervisor,
Defendants—Appellees.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:19-CV-567
Before Willet, Ho, and Duncan, Circuit Judges.
Per Curiam:*
Curtis Lee Sheppard, Jr., Texas prisoner # 1656666, moves this court
for authorization to proceed in forma pauperis (IFP) following the district
court’s dismissal of his 42 U.S.C. § 1983 complaint pursuant to the three
*
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opinion should not be published and is not precedent except under the limited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: 20-40007 Document: 00515806471 Page: 2 Date Filed: 04/02/2021
No. 20-40007
strikes provision of 28 U.S.C. § 1915(g). Because he has failed to show that
he should be allowed to proceed IFP on appeal under § 1915(g), see Banos
v. O’Guin, 144 F.3d 883, 885 (5th Cir. 1998), Sheppard’s motion for leave to
proceed IFP is denied.
The facts surrounding the IFP decision are inextricably intertwined
with the merits of the appeal. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24
(5th Cir. 1997). The appeal presents no nonfrivolous issues and is dismissed
as frivolous. 5th Cir. R. 42.2.
MOTION DENIED; APPEAL DISMISSED.
2