Case: 13-50815 Document: 00512609820 Page: 1 Date Filed: 04/28/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 13-50815 FILED
April 28, 2014
Lyle W. Cayce
DARRYLL TAYLOR, Clerk
Plaintiff-Appellant
v.
DUVELZA B. URESTE; DANIEL MCQUARY; MICHELL BIESE; MARIA D.
AGREDANO; CHERYL LAWSON; STEVEN R. SWIFT,
Defendants-Appellees
Appeals from the United States District Court
for the Western District of Texas
USDC No. 4:12-CV-98
Before KING, DAVIS, and ELROD, Circuit Judges.
PER CURIAM: *
Darryll Taylor, Texas prisoner # 1569309, has filed a motion to proceed
in forma pauperis (IFP) in his appeal of the district court’s dismissal of his civil
rights complaint as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i). By moving for
IFP status in this court, Taylor is challenging the district court’s certification
that his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197,
202 (5th Cir. 1997); § 1915(a)(3).
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-50815 Document: 00512609820 Page: 2 Date Filed: 04/28/2014
No. 13-50815
Taylor argues that (1) he is indigent; (2) his claims of constitutional
violations have merit and are supported by unspecified controlling caselaw
from this court and the Supreme Court; and (3) because he did not receive a
report of the magistrate judge recommending the denial of IFP, he was unable
to file objections and was deprived of de novo review regarding the denial of
IFP. Although Taylor references generally his civil rights claims, he has
abandoned the claims by failing to brief them. See Brinkmann v. Dallas
County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987); Yohey v.
Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
Taylor has not shown that his “appeal involves legal points arguable on
their merits (and therefore not frivolous).” Howard v. King, 707 F.2d 215, 220
(5th Cir. 1983) (internal quotation marks and citations omitted). Taylor’s
motion for leave to proceed IFP on appeal is denied, and his appeal is dismissed
as frivolous. See Baugh, 117 F.3d at 202 & n.24; 5TH CIR. R. 42.2.
The district court’s dismissal of Taylor’s complaint as frivolous counts as
a strike under § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th
Cir. 1996). This court’s dismissal of this appeal also counts as a strike. See id.
Taylor is cautioned that if he accumulates three strikes under § 1915(g), he
will not be able to proceed IFP in any civil action or appeal filed while he is
incarcerated or detained in any facility unless he is under imminent danger of
serious physical injury. See § 1915(g).
MOTION FOR IFP DENIED; APPEALS DISMISSED AS FRIVOLOUS;
SANCTION WARNING ISSUED.
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