IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50846
Summary Calendar
RUSSELL EUGENE GALER, II,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeals from the United States District Court
for the Western District of Texas
USDC No. W-00-CV-034
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February 1, 2001
Before HIGGINBOTHAM, WIENER, and BARKDSALE, Circuit Judges.
PER CURIAM:*
Russell Eugene Galer, II, Texas prisoner #315395, has moved
for leave to proceed in forma pauperis (IFP) and for a
certificate of appealability (COA) in order to appeal the
district court’s interlocutory order denying his application for
injunction. See 28 U.S.C. § 1292(a)(1). Galer has also filed a
“Petition for Discretionary Review,” which is construed as a
request for leave to proceed without a COA, and a “Motion for
Judgment of Default.”
*
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that this opinion should not be published and is not precedent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. 00-50846
-2-
Galer has failed to establish in the district court that
there existed a substantial likelihood of success on the merits,
which is required to obtain an injunction. See Lakedreams v.
Taylor, 932 F.2d 1103, 1107 (5th Cir. 1991). Because Galer has
not shown that the district court erred in denying his
application for injunction, his appeal presents no nonfrivolous
issue. Accordingly, his IFP application is DENIED. Jackson v.
Dallas Police Dep’t, 811 F.2d 260, 261 (5th Cir. 1986). His COA
application is also DENIED, to the extent that one is required
under 28 U.S.C. § 2253(c)(1)(A). See Slack v. McDaniel,
529 U.S. 473, 120 S. Ct. 1595, 1604 (2000). Galer’s remaining
motions are likewise DENIED.
Because Galer’s appeal is without arguable merit, we DISMISS
his appeal as frivolous. See Howard v. King, 707 F.2d 215, 220
(5th Cir. 1983); 5TH CIR R. 42.2.
MOTIONS DENIED; APPEAL DISMISSED.