IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-20745
Conference Calendar
JOE HENRY MACK,
Plaintiff-Appellant,
versus
JOHN KLEVENHAGEN,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-94-CV-2955
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April 16, 1997
Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Joe Henry Mack, Texas prisoner # 671331, moves this court
for leave to proceed in forma pauperis (IFP) on appeal from the
grant of summary judgment in favor of the Defendant and the
dismissal of his civil rights complaint. On January 9, 1997,
Chief Judge Politz ordered Mack to file an affidavit for leave to
proceed IFP on appeal pursuant to the Prison Litigation Reform
*
Pursuant to Local 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-20745
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Act of 1995 (PLRA). The order held Mack’s appeal in abeyance for
30 days pending payment of the $105 filing fee or submittal of
the required documents pursuant to the PLRA. Mack timely
responded; however, the documentation submitted by Mack does not
comply with the requirements imposed by the PLRA because he did
not submit a signed affidavit attesting to his assets owned, nor
did Mack submit information regarding his prison trust account
for the period required. See § 1915(a). Accordingly, Mack’s
motion for leave to proceed IFP on appeal is DENIED, and his
appeal is dismissed for want of prosecution. See FIFTH CIRCUIT RULE
42.3. Should Mack wish to reinstate his appeal, he is instructed
to pay the $105 filing fee to the clerk of the district court
within 30 days from the date of this order.
MOTION DENIED. APPEAL DISMISSED.