Case: 11-30277 Document: 00511591979 Page: 1 Date Filed: 09/02/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 2, 2011
No. 11-30277
Summary Calendar Lyle W. Cayce
Clerk
GARY DON THOMPSON,
Plaintiff-Appellant
v.
DEPARTMENT OF VETERANS AFFAIRS; OVERTON BROOKS VETERANS
AFFAIRS MEDICAL CENTER,
Defendants-Appellees
Appeals from the United States District Court
for the Western District of Louisiana
USDC No. 5:10-CV-1818
Before KING, JOLLY, and GRAVES, Circuit Judges.
PER CURIAM:*
Gary Don Thompson, Texas prisoner #1653843, moves for leave to proceed
in forma pauperis (IFP) following the district court’s dismissal of his civil tort
action for lack of jurisdiction because Thompson failed to demonstrate that he
had exhausted administrative remedies. The district court certified that
Thompson’s appeal was not taken in good faith and denied him leave to proceed
IFP on appeal.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-30277 Document: 00511591979 Page: 2 Date Filed: 09/02/2011
No. 11-30277
When a district court certifies that an appeal is frivolous and is not taken
in good faith under 28 U.S.C. § 1915(a)(3) and FED. R. CIV. P. 24(a)(3), a litigant
may either pay the filing fee or challenge the district court’s certification decision
by filing a motion for leave to proceed IFP in this court. Baugh v. Taylor,
117 F.3d 197, 202 (5th Cir. 1997). We may dismiss an appeal on consideration
of an IFP motion if the appeal raises no arguable legal issues for appeal. Id.
at 202 n. 24.
Federal courts lack subject matter jurisdiction over the benefits
determinations of the V.A., with exceptions not applicable here. 38 U.S.C.
§ 511(a); Zuspann v. Brown, 60 F.3d 1156, 1158-59 (5th Cir. 1995). The district
court was without subject matter jurisdiction over Thompson’s action. We also
lack subject matter jurisdiction. See § 511(a).
APPEAL DISMISSED.
2