IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-51095
MICHAEL IDROGO,
Plaintiff-Appellant,
versus
ANN MCGEEHAN, Individually
and in official capacity,
Deputy Assistant Secretary of
State Elections Division,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-98-CV-573-SS
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April 19, 1999
Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that Michael Idrogo’s motion for leave to
appeal in forma pauperis (IFP) is DENIED because his appeal,
being moot, lacks arguable merit and is therefore frivolous. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Idrogo’s
claim is that he is entitled to be a write-in candidate for
United States Representative in the election of November 3, 1998,
which has already taken place.
*
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that this opinion should not be published and is not precedent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. 98-51095
-2-
IT IS FURTHER ORDERED that Idrogo’s application for relief
in the nature of mandamus, styled a motion for a TRO, is DENIED
as moot.
We caution Idrogo that any additional frivolous appeals
filed by him will invite the imposition of sanctions. To avoid
sanctions, Idrogo is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
IFP AND TRO DENIED; APPEAL DISMISSED; SANCTION WARNING
ISSUED.