Deas v. Vann

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-10983 Conference Calendar __________________ JERRY WAYNE DEAS, Plaintiff-Appellant, versus GARY VANN, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:94-CV-687-E - - - - - - - - - - February 29, 1996 Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Jerry Wayne Deas has applied for leave to appeal in forma pauperis ("IFP") from the district court's order granting Gary Vann's motion for summary judgment. Deas contends that his claims should not be time barred because he had no knowledge that the alleged violations of his civil rights were actionable until November 1994. Deas also contends that the running of the limitations periods should be equitably tolled. For reasons stated by the district court, we hold that Deas has failed to raise a nonfrivolous issue on appeal. The application for leave to appeal IFP is DENIED. Because the appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2. * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-10983 -2- The district court found that the action had been filed for an improper purpose and Deas has been warned that the filing of frivolous appeals will result in the imposition of sanctions. Deas is BARRED from filing any civil appeal in this court, or any initial civil pleading in any court which is subject to this court's jurisdiction, without the advance written permission of a judge of the forum court or of this court; the clerk of this court and the clerks of all federal district courts in this circuit are directed to return to Deas, unfiled, any attempted submission inconsistent with this bar. IFP DENIED; APPEAL DISMISSED; SANCTIONS IMPOSED.