Case: 12-31048 Document: 00512226300 Page: 1 Date Filed: 05/01/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 1, 2013
No. 12-31048
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
THOMAS RAY KENNEDY, III,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:91-CR-473-1
Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Thomas Ray Kennedy, III, federal prisoner # 95939-012, moves in this
court for leave to proceed in forma pauperis (IFP) on appeal from the district
court’s denial of his Federal Rule of Civil Procedure 59(e) motion, in which he
sought reconsideration of the denial of his motion to file “interrogatory
questions.” By moving to proceed IFP, Kennedy is challenging the district
court’s certification that the appeal is not taken in good faith. See Baugh v.
Taylor, 117 F.3d 197, 202 (5th Cir. 1997); FED. R. APP. P. 24(a)(5).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-31048 Document: 00512226300 Page: 2 Date Filed: 05/01/2013
No. 12-31048
Kennedy has failed to provide argument that addresses the district court’s
reasons for denying his Rule 59(e) motion. See FED. R. APP. P. 28(a)(9). Where
an appellant does not identify error in the district court’s analysis, it is the same
as if he had not appealed at all. Brinkmann v. Dall. Cnty. Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir. 1987). Because Kennedy has not addressed the basis
for the district court’s denial of his motion for reconsideration, he has abandoned
any challenge thereto. See Hughes v. Johnson, 191 F.3d 607, 613 (5th Cir. 1999).
The appeal is frivolous and is therefore DISMISSED. See Howard v. King, 707
F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2. Kennedy’s motion to appeal
IFP is DENIED.
2