Star v. Mayorkas

Case: 21-50963 Document: 00516535225 Page: 1 Date Filed: 11/04/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
November 4, 2022
No. 21-50963 Lyle W. Cayce
Clerk
John Edos Star,
Plaintiff—Appellant,
versus
Alejandro Mayorkas, Secretary, U.S. Department of Homeland
Security; Ur M. Jaddou, Director of U.S. Citizenship and Immigration
Services, Washington DC; Department of Homeland Security,
National Benefit Center Lee’s Summit, Missouri;
Potomac Service Center; Director of U.S. Citizenship
and Immigration Services, New York City,
Defendants—Appellees.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:19-CV-53
Before King, Haynes, and Oldham, Circuit Judges.
Per Curiam:*
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-50963 Document: 00516535225 Page: 2 Date Filed: 11/04/2022
No. 21-50963
John Edos Star has moved for leave to proceed in forma pauperis (IFP)
on appeal from the dismissal without prejudice of his complaint challenging
the denial of his naturalization application in 2009. The district court found
that Star’s complaint was time barred and that the court lacked subject
matter jurisdiction. Star is contesting the district court’s certification that
his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202
(5th Cir. 1997). Our inquiry into an appellant’s good faith “is limited to
whether the appeal involves legal points arguable on their merits (and
therefore not frivolous).” Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983)
(internal quotation marks and citations omitted).
Even if we afford his brief very liberal construction, Star briefs no
argument that the district court has jurisdiction over his complaint
challenging the denial of his application for naturalization. Accordingly, this
claim is deemed abandoned. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.
1993); Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th
Cir. 1987).
Star has failed to show that there is a nonfrivolous issue on appeal. See
Howard, 707 F.2d at 220. The district court did not err in deciding that his
appeal was not taken in good faith. See id. at 219-20. His request to proceed
IFP is DENIED, and the appeal is DISMISSED as frivolous. See Baugh,
117 F.3d at 202 n.24; 5th Cir. R. 42.2.
2