IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50904
Conference Calendar
RUSSELL EUGENE GALER, II,
Plaintiff-Appellant,
versus
ROBERT A. BROCK, Northern Region Medical
Director, Texas Department of Criminal
Justice; JASON CALHOUN, Dr.; J. LAWSON,
Major; BOYKIN, Captain; GEBERT, Mr.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-00-CV-223
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December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges
PER CURIAM:*
The district court has certified that the captioned appeal
has not been taken in good faith, pursuant to 28 U.S.C.
§ 1915(a)(3) and Fed. R. App. P. 24(a), and that Texas prisoner
Russell Eugene Galer (#315395) should not be allowed to proceed
in forma pauperis (“IFP”) on appeal. Galer has filed a motion to
*
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that this opinion should not be published and is not precedent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. 00-50904
-2-
proceed IFP on appeal, a pleading which this court construes as a
motion challenging the district court’s certification decision.
Galer does not show why the bad-faith determination was erroneous
and has thus failed to satisfy the requirements of Baugh v.
Taylor, 117 F.3d 197, 202 (5th Cir. 1997). The appeal is
frivolous; the motion for IFP is DENIED; and the appeal is
DISMISSED. 5TH CIR. R. 42.2.