McGuffey v. Whitley

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-30653 Conference Calendar __________________ GEORGE DON MCGUFFEY, Plaintiff-Appellant, versus JOHN P. WHITLEY, WARDEN, LOUISIANA STATE PENITENTIARY; JEFFERY HEWES; JAMMIE GAUF; MARVIN GREMILLION; UNKNOWN BANKSTON; UNKNOWN GREEN; UNKNOWN DUCOTE; UNKNOWN JOHNSON, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana USDC No. 91-CV-322 - - - - - - - - - - April 17, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* George Don McGuffey has filed a motion to proceed in forma pauperis (IFP) on his appeal of the district court's grant of judgment as a matter of law for the defendant in McGuffey's civil rights action. The court previously granted conditional IFP status to McGuffey for the preparation of a trial transcript at government expense. After a review of the record, we conclude * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-30653 -2- that McGuffey has not demonstrated that he will present a nonfrivolous issue on appeal. Therefore, his IFP status is revoked and the appeal is dismissed. See Hailes v. Equitable Life Assur. Soc. of U.S., 729 F.2d 1037 (5th Cir. 1984). DISMISSED.