United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 13, 2007
Charles R. Fulbruge III
Clerk
No. 06-40767
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
M. ALBERTO CUELLAR-ARRELLANO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:02-CR-1225
--------------------
Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
M. Alberto Cuellar-Arrellano (Cuellar) seeks leave to
proceed in forma pauperis (IFP) on appeal. To proceed IFP on
appeal, Cuellar must show that he is a pauper and that he will
raise a nonfrivolous issue on appeal. See Carson v. Polley,
689 F.2d 562, 586 (5th Cir. 1982).
Cuellar has appealed from the denial of an unauthorized,
meaningless motion. See United States v. Early, 27 F.3d 140,
141-42 (5th Cir. 1994). The appeal is without arguable merit and
*
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this opinion should not be published and is not precedent except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. 06-40767
-2-
is therefore dismissed as frivolous. Howard v. King, 707 F.2d
215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2. His motion for IFP
status is denied.
IFP DENIED; APPEAL DISMISSED.