David Lynd v. McDonald's Corp , 420 F. App'x 348 ( 2011 )

Case: 10-10503 Document: 00511424615 Page: 1 Date Filed: 03/25/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 25, 2011
No. 10-10503
Summary Calendar Lyle W. Cayce
Clerk
DAVID LYND,
Plaintiff-Appellant
v.
MCDONALD’S CORPORATION,
Defendant-Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CV-1452
Before HIGGINBOTHAM, SMITH and HAYNES, Circuit Judges.
PER CURIAM:*
David Lynd moves this court for authorization to proceed in forma
pauperis (IFP) in this appeal from the denial of his F ED. R. C IV. P. 60(b) motion.
Lynd asserts that he is impoverished, that his claims are valid, and that the
magistrate judge was biased. These allegations are insufficient to show that
Lynd will raise a nonfrivolous issue on appeal. See Carson v. Polley, 689 F.2d
562, 586 (5th Cir. 1982). Consequently, his IFP motion is DENIED and this
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-10503 Document: 00511424615 Page: 2 Date Filed: 03/25/2011
No. 10-10503
appeal is DISMISSED as frivolous. See 5 TH C IR. R. 42.2. All other outstanding
motions are likewise DENIED.
2