Antonio Freeman v. Lorie Davis, Director, No. 17-11036 (5th Cir. 2018)

Annotate this Case

Download PDF

Case: 17-11036 Document: 00514367228 Page: 1 Date Filed: 02/28/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-11036 United States Court of Appeals Fifth Circuit FILED February 28, 2018 Lyle W. Cayce Clerk ANTONIO FREEMAN, Petitioner−Appellant, versus LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent−Appellee. Appeal from the United States District Court for the Northern District of Texas No. 1:17-CV-111 Before SMITH, WIENER, and HAYNES, Circuit Judges. PER CURIAM: * Antonio Freeman, Texas prisoner #1512080, moves to dismiss without 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-11036 Document: 00514367228 Page: 2 Date Filed: 02/28/2018 No. 17-11036 prejudice his interlocutory appeal from the denial of his motion to proceed in forma pauperis (“IFP”) in the district court in connection with his 28 U.S.C. § 2254 proceedings. Freeman’s payment of the $5.00 filing fee rendered moot the issue of his IFP status in the district court, as his case was not dismissed and is proceeding to resolution there. The IFP order in the instant case “is not appealable as a final judgment because it did not end the litigation on the merits.” Thompson v. Drewry, 138 F.3d 984, 986 (5th Cir. 1998). The motion to dismiss the appeal is GRANTED without prejudice. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.