Mason James v. Richard Fank, et al, No. 18-40093 (5th Cir. 2018)

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Case: 18-40093 Document: 00514585367 Page: 1 Date Filed: 08/03/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-40093 FILED August 3, 2018 Lyle W. Cayce Clerk MASON JAMES, Plaintiff-Appellant v. RICHARD L. FANK; VILLANUEVA, EBENEZER O. OLOWEMEYE; SALVADOR Defendants-Appellees Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:17-CV-167 Before CLEMENT, OWEN, and WILLETT, Circuit Judges. PER CURIAM: * Mason James, Texas prisoner # 670604, moves this court for authorization to proceed in forma pauperis (IFP) following the district court’s dismissal without prejudice of his 42 U.S.C. § 1983 complaint. Because he has failed to show that he should be allowed to proceed IFP on appeal under 28 U.S.C. § 1915(g), see Banos v. O’Guin, 144 F.3d 883, 885 (5th Cir. 1998), James’s motion for leave to proceed IFP is denied. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40093 Document: 00514585367 Page: 2 Date Filed: 08/03/2018 No. 18-40093 The facts surrounding the IFP decision are inextricably intertwined with the merits of the appeal. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir. 1997). The appeal presents no nonfrivolous issues and is dismissed as frivolous. 5TH CIR. R. 42.2. IFP DENIED; APPEAL DISMISSED. 2

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