McMorris v. Thomas

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20687
Conference Calendar
SONIA MARIE MCMORRIS,
Plaintiff-Appellant,
versus
PHILIP MICHAEL THOMAS,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-MC-173
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Sonia Marie McMorris appeals the district court’s denial of
her motion to proceed in forma pauperis (“IFP”). The denial of
IFP is an appealable final decision. Flowers v. Turbine Support
Div., 507 F.2d 1242, 1244 (5th Cir. 1975). However, McMorris has
abandoned the issue by failing to brief it on appeal, having
devoted her appellate brief to the merits of her lawsuit, which
have not yet been addressed in the district court. See Yohey v.
*
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that this opinion should not be published and is not precedent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. 01-20687
-2-
Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). Even if it is
assumed that McMorris has sufficiently preserved the issue for
appeal, her district-court IFP motion demonstrates that she had
ample funds with which to pay the filing fee, as the district
court determined.
The instant appeal is wholly without arguable merit, is
frivolous, and is therefore DISMISSED. See Howard v. King, 707
F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2. McMorris is
CAUTIONED that any future frivolous filings will result in the
imposition of sanctions. The motion to supplement the record on
appeal is DENIED.
APPEAL DISMISSED; MOTION DENIED; SANCTIONS WARNING ISSUED.