IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50366
Summary Calendar
PRESTON LINWOOD,
Plaintiff-Appellant,
versus
DAN SMITH, Sheriff;
BELL COUNTY MEDICAL STAFF,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-95-CV-143
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September 25, 1998
Before JOLLY, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Preston Linwood, Texas state prisoner #661979, seeks leave
to proceed in forma pauperis (IFP) in the appeal of the grant of
summary judgment for the defendants on his civil rights claims.
By moving for IFP, Linwood 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 Linwood has
not demonstrated that he will raise a nonfrivolous issue on
*
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that this opinion should not be published and is not precedent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. 97-50366
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appeal, his motion to proceed IFP is 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.