United States v. Warren

Case: 20-11096 Document: 00516243830 Page: 1 Date Filed: 03/17/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
March 17, 2022
No. 20-11096 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Jack Wade Warren,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:83-CR-138-1
Before Elrod, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Jack Wade Warren, federal prisoner # 13477-077, seeks leave to
proceed in forma pauperis (IFP) on appeal from the district court’s denials
of his motion to dismiss his underlying convictions for lack of subject-matter
jurisdiction and his subsequent motion for reconsideration. The district
*
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opinion should not be published and is not precedent except under the limited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: 20-11096 Document: 00516243830 Page: 2 Date Filed: 03/17/2022
No. 20-11096
court denied Warren’s request to proceed IFP on appeal because he failed to
provide a certificate of his inmate trust account, as ordered by the district
court.
Before this court, Warren contends that he should be permitted to
proceed IFP without further authorization pursuant to Federal Rule of
Appellate Procedure 24(a)(3) based on his prior IFP status. However, Rule
24(a)(3) does not apply here because Warren was last granted IFP status over
seven years ago and, in the interim, the district court denied him IFP status
due to his failure to provide a certified copy of his inmate trust account
statement as required by 28 U.S.C. § 1915(a)(2). See Fed. R. App. P.
24(a)(3)(A).
In addition to Warren’s failure to provide the requisite financial
information, Warren has not shown that he has a nonfrivolous issue for
appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). Because this
appeal is frivolous, we may dismiss it sua sponte. See Baugh v. Taylor, 117
F.3d 197, 202 n.24 (5th Cir. 1997); 5th Cir. R. 42.2. We caution Warren
that the filing of future repetitive, frivolous, or abusive filings may result in
the imposition of sanctions, including dismissal, monetary sanctions, and
restrictions on his ability to file pleadings in this court or any court subject to
this court’s jurisdiction.
Accordingly, we DENY Warren’s motion to proceed IFP on appeal,
DENY his motion to amend the caption, DISMISS his appeal as frivolous,
and issue him a SANCTION WARNING.
2