Case: 09-40708 Document: 00511055300 Page: 1 Date Filed: 03/18/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 18, 2010
No. 09-40708
Summary Calendar Charles R. Fulbruge III
Clerk
JODY MCCREARY,
Plaintiff-Appellant
v.
JACK SKEEN, JR.; DIANE DEVASTO; ALICIA CASHELL; DONALD
DAVIDSON,
Defendants-Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:09-CV-253
Before JOLLY, WIENER, and ELROD, Circuit Judges.
PER CURIAM:*
Jody McCreary, Texas prisoner # 1142309, moves this court for leave to
proceed in forma pauperis (IFP) in this appeal from the district court’s dismissal
of his 42 U.S.C. § 1983 complaint. The district court dismissed the complaint
because McCreary had not shown that he paid the $200 sanction imposed in
In re McCreary, No. 08-40665, and, for the same reason, certified that the appeal
was not taken in good faith.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40708 Document: 00511055300 Page: 2 Date Filed: 03/18/2010
No. 09-40708
In his IFP motion, McCreary does not address the district court’s reasons
for denying IFP. By failing to discuss the district court’s rationale for denying
his IFP motion, McCreary has abandoned the issue, and it is the same as if he
had not appealed the district court’s order. See Brinkmann v. Dallas County
Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Accordingly,
McCreary’s IFP motion is denied and his appeal is dismissed as frivolous. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5 TH C IR. R. 42.2.
We have previously warned McCreary that the filing of any future
frivolous or repetitive filings in this court or any court subject to this court’s
jurisdiction would subject him to additional sanctions as would the failure to
withdraw any pending matters that are frivolous. See McCreary v. Gardner,
No. 09-40398, 2009 WL 5183837 at *1 (5th Cir. Dec. 28, 2009)(unpublished);
McCreary v. Kent, No. 09-40348, 2009 WL 5183838 at *1 (5th Cir. Dec. 28,
2009)(unpublished). Because he failed to withdraw this appeal, McCreary is
ordered to pay sanctions in the amount of $100, payable to the clerk of this court.
The clerk of this court and the clerks of all federal district courts within this
circuit are directed to refuse to file any civil complaint or appeal by McCreary
unless McCreary submits proof of satisfaction of this sanction. If McCreary
attempts to file any further notices of appeal or original proceedings in this court
without such proof, the clerk will docket them for administrative purposes only.
Any other submissions which do not show proof that the sanction has been paid
will be neither addressed nor acknowledged.
IFP DENIED; APPEAL DISMISSED; SANCTION IMPOSED.
2