Case: 09-10961 Document: 00511087244 Page: 1 Date Filed: 04/21/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 21, 2010
No. 09-10961
Summary Calendar Lyle W. Cayce
Clerk
JESSE F. REECE, SR.,
Plaintiff-Appellant,
versus
COUNTRYWIDE HOME LOANS;
COUNTRYWIDE FULL SPECTRUM LENDING DIVISION,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of Texas
No. 7:09-CV-147
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Jesse Reece, Sr., seeks leave to proceed in forma pauperis (“IFP”) on ap-
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-10961 Document: 00511087244 Page: 2 Date Filed: 04/21/2010
No. 09-10961
peal. The district court dismissed his complaint as frivolous on the basis that it
was duplicative of a previously dismissed lawsuit. The court also denied Reece
leave to proceed IFP on appeal and certified that his appeal was not taken in
good faith.
The district court was correct that a complaint filed IFP may be dismissed
as frivolous if it alleges “substantially the same facts arising from a common ser-
ies of events which have already been unsuccessfully litigated by the IFP plain-
tiff.” Wilson v. Lynaugh, 878 F.2d 846, 850 (5th Cir. 1989); see also Pittman v.
Moore, 980 F.2d 994, 995 (5th Cir. 1993). In addition, it is obvious that Reece’s
current complaint duplicates his prior suit. Because the appeal does not present
any legal points arguable on their merits, it is DISMISSED as frivolous. See
Baugh v. Taylor, 117 F.3d 197, 202 n.24 (5th Cir. 1997); 5 TH C IR. R. 42.2. The
motion for leave to appeal IFP is DENIED.
2