Chisholm v. Sumlin

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 29, 2007

Charles R. Fulbruge III
Clerk
No. 06-30881
Summary Calendar

BRIAN K. CHISHOLM,

Plaintiff-Appellant,

versus

JONNY SUMLIN; RICHARD BRAZZEL; SERGEANT ELLISON,

Defendants-Appellees.

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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:06-CV-739
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Brian K. Chisholm, Louisiana prisoner # 323477, moves for

leave to proceed in forma pauperis (IFP) on appeal. The district

court denied Chisholm’s IFP motion and certified that the appeal

was not taken in good faith. By moving for IFP, Chisholm is

challenging the district court’s certification. Baugh v. Taylor,

117 F.3d 197, 202 (5th Cir. 1997).

Chisholm filed a 42 U.S.C. § 1983 complaint and claims for

declaratory and injunctive relief against Union Parish Detention

Center (UPDC) officials alleging that: (1) UPDC officials

*
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this opinion should not be published and is not precedent except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. 06-30881
-2-

confiscated his legal books and failed to return them, thus

depriving him of his property without due process of law, (2) UPDC

kitchen staff violated his rights under the Free Exercise Clause of

the First Amendment by giving him meals that were prepared in

violation of his Muslim faith.

However, Chisholm’s claims do not involve legal points

arguable on their merits. See Howard v. King, 707 F.2d 215, 220

(5th Cir. 1983) (internal quotations and citations omitted); Baugh,

117 F.3d at 202. Accordingly, Chisholm’s motion to proceed IFP is

DENIED and his appeal is DISMISSED.