Pizzo v. Stalder

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 97-30754 Conference Calendar DREW MICHAEL PIZZO, Plaintiff-Appellant, versus RICHARD STALDER, SECRETARY, ET AL., Defendants-Appellees. --------------------- Appeal from the United States District Court for the Middle District of Louisiana USDC No. 96-CV-3371-B --------------------- August 26, 1998 Before KING, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Drew Michael Pizzo, Louisiana inmate #31376, seeks to proceed in forma pauperis (IFP) in the appeal of the dismissal of his civil rights complaint as frivolous under 28 U.S.C. §§ 1915(e)and 1915(A). By moving for IFP, Pizzo is challenging the district court’s certification that IFP status should not be granted on appeal because his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). Because Pizzo fails to show that he will raise a nonfrivolous issue on appeal, his motion to proceed IFP is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-30754 -2- DENIED. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. 5TH CIR. R. 42.2. IFP DENIED. APPEAL DISMISSED.