Thibeaux v. TX Dept Cr Justice

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10495 Conference Calendar RAYFIELD JOSEPH THIBEAUX, Plaintiff-Appellant, versus TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; CHRISTINE JOHNSON, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 2:99-CV-103 -------------------- December 16, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges. PER CURIAM:* Rayfield Joseph Thibeaux moves for leave to appeal in forma pauperis (IFP). The district court properly dismissed Thibeaux’s civil rights suit based in part on an outstanding $50 sanction issued by the United States District Court for the Southern District of Texas. See Balawajder v. Scott, 160 F.3d 1066, 1067- 68 (5th Cir. 1998). The appeal is thus frivolous and IFP is DENIED. See Jackson v. Dallas Police Dep't, 811 F.2d 260, 261 (5th Cir. 1986). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-10495 -2- Because it is frivolous, the appeal is DISMISSED. See 5TH CIR. R. 42.2. IFP DENIED. APPEAL DISMISSED.