IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50519
CHRISTOPHER HUTSON,
Plaintiff-Appellant,
versus
TRAVIS COUNTY, TEXAS;
CITY OF AUSTIN, TEXAS;
MAX J. WESTBROOK; STACY
HOLLEY; JANE DOE #2, Nurse;
ELIZABETH WATSON, Police
Chief; TERRY KEEL, Sheriff,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-96-CV-572
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June 25, 1998
Before JONES, SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Christopher Hutson requests permission to proceed in forma
pauperis (IFP) on appeal so that he may appeal from the district
court’s grant of summary judgment in favor of the appellees. To
proceed IFP on appeal, Hutson must demonstrate financial
eligibility and a nonfrivolous issue for appeal. Carson v.
Polley, 689 F.2d 562, 586 (5th Cir. 1982).
*
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that this opinion should not be published and is not precedent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.
No. 97-50519
-2-
Hutson argues that material fact issues remain which would
preclude summary judgment with respect to his claims under 42
U.S.C. § 1983, the Americans with Disabilities Act, the
Rehabilitation Act, and the Texas Tort Claims Act that he had
been denied adequate medical care while in the Travis County
Central Booking Facility. We have reviewed the record and
Hutson’s brief and hold that the district court did not err in
granting summary judgment.
Hutson has not presented a nonfrivolous issue for appeal.
Accordingly, his motion for leave to proceed IFP is DENIED, and
the appeal is DISMISSED AS FRIVOLOUS. See Howard v. King, 707
F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2. The
appellees’ motion to strike the Clerk’s order is DENIED.
MOTIONS DENIED. APPEAL DISMISSED.