IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50734
Conference Calendar
MARTIN LUTHER ALLEN,
Plaintiff-Appellant,
versus
SAMUEL D. OLIVAREZ, Sergeant; LAMONT
POWELL, Officer; CLINTON D. LOWE,
Officer; LUIS AGUILAR, Officer,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-97-CV-630
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April 19, 1999
Before JONES, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:*
Martin Luther Allen, a Texas prisoner (# 689468), has filed
a motion for leave to proceed in forma pauperis (“IFP”) on
appeal, following the dismissal of his complaint as frivolous
pursuant to 28 U.S.C. § 1915(e)(2)(B). By moving for IFP status,
Allen is challenging the district court’s certification that IFP
should not be granted on appeal because his appeal presents no
*
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that this opinion should not be published and is not precedent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. 98-50734
-2-
nonfrivolous issues. See Baugh v. Taylor, 117 F.3d 197, 202 (5th
Cir. 1997).
Allen argues that the district court erred in concluding
that his excessive-use-of-force claim was barred Edwards v.
Balisok, 117 S. Ct. 1584 (1997), in that his claim, if
successful, would implicate the validity of a disciplinary
conviction imposed upon him in prison. Because the allegations
of Allen’s own complaint would call into the question the
propriety of the disciplinary conviction, however, Allen is
incorrect.
Accordingly, we uphold the district court’s order certifying
that the appeal presents no nonfrivolous issue. Allen’s request
for IFP status is DENIED, and his appeal is DISMISSED as
frivolous. See Baugh, 117 F.3d at 202 & n.24; 5TH CIR. R. 42.2.
IFP DENIED; APPEAL DISMISSED.