IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40629
Summary Calendar
DOMINGO VALDEZ MARTINEZ,
Petitioner-Appellant,
versus
MICHAEL PURDY, Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-99-CV-46
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October 6, 1999
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Domingo Valdez Martinez, federal prisoner # 52784-080, seeks
leave to proceed in forma pauperis (IFP) in the dismissal of his
petition pursuant to 28 U.S.C. § 2241. In addition to raising
his substantive claims, Martinez argues that he may pursue his
§ 2241 petition because his relief under 28 U.S.C. § 2255 has
been rendered ineffective by the application of the statute of
limitations period enacted by the Antiterrorism and Effective
Death Penalty Act of 1996.
*
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that this opinion should not be published and is not precedent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. 99-40629
-2-
By moving for IFP, Martinez 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 Martinez
has not demonstrated that he will raise a nonfrivolous issue on
appeal, his motion to proceed IFP is DENIED. See Howard v. King,
707 F.2d 215, 220 (5th Cir. 1983). Martinez’s request to
expedite the appeal is also DENIED. Because the appeal is
frivolous, it is DISMISSED. 5TH CIR. R. 42.2.
MOTIONS DENIED. APPEAL DISMISSED.