David Lynd v. McDonald's Corp, No. 10-10503 (5th Cir. 2011)

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Case: 10-10503 Document: 00511424615 Page: 1 Date Filed: 03/25/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-10503 Summary Calendar March 25, 2011 Lyle W. Cayce Clerk DAVID LYND, Plaintiff-Appellant v. MCDONALD S CORPORATION, Defendant-Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 3:00-CV-1452 Before HIGGINBOTHAM, SMITH and HAYNES, Circuit Judges. PER CURIAM:* David Lynd moves this court for authorization to proceed in forma pauperis (IFP) in this appeal from the denial of his F ED. R. C IV. P. 60(b) motion. Lynd asserts that he is impoverished, that his claims are valid, and that the magistrate judge was biased. These allegations are insufficient to show that Lynd will raise a nonfrivolous issue on appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). Consequently, his IFP motion is DENIED and this * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-10503 Document: 00511424615 Page: 2 Date Filed: 03/25/2011 No. 10-10503 appeal is DISMISSED as frivolous. See 5 TH C IR. R. 42.2. All other outstanding motions are likewise DENIED. 2

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