Vernon King, Jr. v. C. Carter

Case: 17-20225 Document: 00514478607 Page: 1 Date Filed: 05/18/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-20225 FILED
May 18, 2018
Lyle W. Cayce
VERNON KING, JR., Clerk
Plaintiff-Appellant
v.
WARDEN C. G. CARTER: C. H. PRESTWOOD; C. S. LACOX; MAJOR
LEMKER,
Defendants-Appellees
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 4:17-CV-832
Before DAVIS, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Vernon King, Jr., Texas prisoner # 590316, moves this court for
authorization to proceed in forma pauperis (IFP) following the district court’s
dismissal of his 42 U.S.C. § 1983 complaint. King has failed to show that he
should be allowed to proceed IFP on appeal under 28 U.S.C. § 1915(g) or that
his appeal of the district court’s judgment presents a nonfrivolous issue. See
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-20225 Document: 00514478607 Page: 2 Date Filed: 05/18/2018
No. 17-20225
Banos v. O’Guin, 144 F.3d 883, 885 (5th Cir. 1998); Carson v. Polley, 689 F.2d
562, 586 (5th Cir. 1982). King’s motion for leave to proceed IFP is denied.
The facts surrounding the IFP decision are inextricably intertwined with
the merits of the appeal. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th
Cir. 1997). The appeal presents no nonfrivolous issues and is dismissed as
frivolous. 5TH CIR. R. 42.2.
IFP DENIED; APPEAL DISMISSED.
2