Case: 16-20406 Document: 00514011318 Page: 1 Date Filed: 05/30/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-20406 FILED
May 30, 2017
Lyle W. Cayce
ERIC FLORES, Clerk
Plaintiff-Appellant
v.
DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE-
CORRECTIONAL INSTITUTIONS DIVISION,
Defendant-Appellee
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:16-CV-1409
Before JOLLY, DAVIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Eric Flores, Texas prisoner # 2051801, moves this court for authorization
to proceed in forma pauperis (IFP) following the district court’s dismissal of his
42 U.S.C. § 1983 complaint. Flores has also filed a motion for this court to
order Texas Department of Criminal Justice officials to produce a certified copy
of his inmate trust account. As Flores has raised only fanciful allegations,
including claims that he has already been executed and that the defendants
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-20406 Document: 00514011318 Page: 2 Date Filed: 05/30/2017
No. 16-20406
have used technology from outer space to harm him and his family, he has
failed to show that he should be allowed to proceed IFP on appeal under 28
U.S.C. § 1915(g) or that his appeal of the district court’s judgment presents a
nonfrivolous issue. See Banos v. O’Guin, 144 F.3d 883, 885 (5th Cir. 1998);
Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). Flores’s motions are
therefore denied.
The facts surrounding the IFP decision are inextricably intertwined with
the merits of the appeal. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th
Cir. 1997). The appeal presents no nonfrivolous issues and is dismissed as
frivolous. 5TH CIR. R. 42.2. Flores is WARNED that any future frivolous,
repetitive, or otherwise abusive filings will subject him to additional and
progressively more severe sanctions. Flores is DIRECTED to review all
pending matters and move to dismiss any that are frivolous, repetitive, or
otherwise abusive.
MOTIONS DENIED; APPEAL DISMISSED AS FRIVOLOUS;
SANCTION WARNING ISSUED.
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