Hanes v. Sec of Agriculture

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40676
Summary Calendar
STEVEN HANES; GWYN HANES; CLAY HANES,
Plaintiffs-Appellants,
v.
DAN GLICKMAN, Secretary of Agriculture;
UNITED STATES DEPARTMENT OF AGRICULTURE; ASCS,
AGRICULTURAL, STABILIZATION, CONSERVATION SERVICE,
FARM SERVICE AGENCY,
Defendants-Appellees.
____________________________________________
STEVEN HANES; GWYN HANES; CLAY HANES,
Plaintiffs-Appellants,
v.
DAN GLICKMAN, Secretary of Agriculture;
UNITED STATES DEPARTMENT OF AGRICULTURE;
CAROLYN A. BURCHETT, Individually and in her
official capacity as Director of National
Appeals Division ASCS, now FSA,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:95-CV-76
USDC No. 5:97-CV-190
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August 18, 2000
Before JONES, BARKSDALE, and DENNIS, Circuit Judges.
PER CURIAM:*
*
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opinion should not be published and is not precedent except under the limited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.
No. 99-40676
-2-
Steven Hanes, Gwyn Hanes, and Clay Hanes, proceeding pro se,
request leave to proceed in forma pauperis (IFP) in the appeal of
the district court’s dismissal pursuant to Fed. R. Civ. P. 41(b)
of their complaint. This court previously denied without
prejudice the appellants’ motion for leave to proceed IFP,
instructing appellants that they were required to file affidavits
to show that they are unable to pay the filing fee and that they
were required to show that they would present a nonfrivolous
issue on appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th
Cir. 1982). The appellants have failed to make the required
showing. Accordingly, the appellants’ motion for leave to
proceed IFP is DENIED and the appeal is DISMISSED.
MOTION DENIED. APPEAL DISMISSED.