Reed v. San Antonio Aerospac, No. 08-50230 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 08-50230 Conference Calendar December 10, 2008 Charles R. Fulbruge III Clerk LEVI REED, JR Plaintiff-Appellant v. SAN ANTONIO AEROSPACE, LP Defendant-Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 5:05-CV-186 Before DAVIS, WIENER, and PRADO, Circuit Judges. PER CURIAM:* Levi Reed, Jr., moves this court for leave to proceed in forma pauperis (IFP) on appeal from the summary-judgment dismissal of his employment discrimination lawsuit. By moving for IFP, Reed challenges 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). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 08-50230 Reed has abandoned by failing to brief any argument challenging the district court s reasons for dismissing his lawsuit. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Reed thus has not shown that he will present a nonfrivolous issue on appeal. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Accordingly, the motion for leave to proceed IFP is denied, and the appeal is dismissed as frivolous. See Baugh, 117 F.3d at 202 n.24; 5TH CIR. R. 42.2. IFP MOTION DENIED; APPEAL DISMISSED. 2

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