Hailey v. Col Navarro Regn

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 13, 2004
Charles R. Fulbruge III
Clerk
No. 04-10737
Summary Calendar
BOBBY RAY HAILEY,
Plaintiff-Appellant,
versus
COLUMBIA NAVARRO REGIONAL HOSPITAL;
GILBERT SIMMONS; BRAD GANNON,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:04-CV-518
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Before DAVIS, SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Bobby Ray Hailey moves for leave to proceed in forma
pauperis (IFP) on appeal, following the district court’s
certification that his appeal was taken in bad faith. The
district court dismissed Hailey’s civil rights action as barred
by Heck v. Humphrey, 512 U.S. 477 (1994).
Hailey does not argue that the district court erred in
determining that his appeal was taken in bad faith, and he does
not argue that the district court erred by dismissing his action
*
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this opinion should not be published and is not precedent except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. 04-10737
-2-
as barred by Heck. As Hailey has failed to brief the sole
dispositive issue for appeal, his IFP motion is denied and the
appeal is dismissed as frivolous. Brinkmann v. Dallas County
Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987); 5TH CIR.
R. 42.2.
IFP DENIED; APPEAL DISMISSED.