Lauren Reynolds v. Marne Boyle, Warden , 679 F. App'x 372 ( 2017 )

Case: 16-20023 Document: 00513905470 Page: 1 Date Filed: 03/09/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-20023 FILED
Summary Calendar March 9, 2017
Lyle W. Cayce
Clerk
LAUREN E. REYNOLDS,
Petitioner-Appellant
v.
MARNE BOYLE, Warden,
Respondent-Appellee
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CV-2450
Before JOLLY, DAVIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Lauren Elizabeth Reynolds, federal prisoner # 86893-180, was convicted
in the Northern District of Texas on her guilty plea to post-felony possession of
a firearm and was sentenced to a 120-month prison term and a three-year term
of supervised release. United States v. Reynolds, 427 F. App’x 316, 316 (5th
Cir. 2011) (affirming the judgment). In 2015, Reynolds instituted the instant
case in the Southern District of Texas under 28 U.S.C. § 2241 to challenge her
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-20023 Document: 00513905470 Page: 2 Date Filed: 03/09/2017
No. 16-20023
conviction and sentence. Concluding that Reynolds failed to show any basis
for a challenge under § 2241, the district court granted summary judgment in
favor of the Government, dismissing the case with prejudice and finding it
frivolous. Also, the district court denied leave to proceed IFP on appeal because
the court deemed the appeal to be in bad faith.
Now Reynolds seeks our permission to proceed IFP on appeal to question
the district court’s denial of IFP status and certification that her appeal is not
in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997); FED.
R. APP. P. 24(a)(3). An appeal is frivolous if it “lacks an arguable basis in law
or fact.” Taylor v. Johnson, 257 F.3d 470, 472 (5th Cir. 2001).
Because Reynolds does not show that her appeal presents a nonfrivolous
issue, see id.; see also Garland v. Roy, 615 F.3d 391, 394 (5th Cir. 2010); United
States v. Reyes-Requena, 243 F.3d 893, 900-06 (5th Cir. 2001), she has failed to
make the showing required to obtain leave to proceed IFP. Accordingly, her
IFP motion is DENIED and this appeal is DISMISSED as frivolous. See
Baugh, 117 F.3d at 202; 5TH CIR. R. 42.2; FED. R. APP. P. 24(a)(3). Additionally,
we WARN Reynolds that frivolous, repetitive, or otherwise abusive filings will
invite the imposition of sanctions, which may include dismissal, monetary
sanctions, and restrictions on her ability to file pleadings in this court and any
court subject to this court’s jurisdiction. See Coghlan v. Starkey, 852 F.2d 806,
817 n.21 (5th Cir. 1988).
2