IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40456
Summary Calendar
DAGOBERTO VARGAS,
Plaintiff-Appellant,
versus
RUBEN LONGORIA; MARI
G. LOPEZ; ROLANDO GARCIA,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-C-94-297
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May 12, 1997
Before SMITH, DUHE’ and BARKSDALE, Circuit Judges.
PER CURIAM:*
Dagoberto Vargas, Texas state prisoner # 429237, requests
permission to proceed in forma pauperis (IFP) in the appeal of
the denial of his pro se and in forma pauperis complaint filed
pursuant to 42 U.S.C. § 1983. On January 9, 1997, Chief Judge
Politz ordered Vargas to file an affidavit for leave to proceed
IFP on appeal pursuant to the Prison Litigation Reform Act of
*
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that this opinion should not be published and is not precedent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. 96-40456
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1995 (PLRA). The order held Vargas’ appeal in abeyance for 30
days pending payment of the $105 filing fee or submittal of the
required documents pursuant to the PLRA. Vargas timely
responded; however, the documentation submitted by Vargas does
not comply with the requirements imposed by the PLRA because he
did not submit information regarding his prison trust account for
the required six-month period. See § 1915(a), (b). Accordingly,
Vargas’ motion for leave to proceed IFP on appeal is DENIED, and
his appeal is DISMISSED for want of prosecution. See 5th Cir.
R. 42.3. Should Vargas 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.