Ricky Ewing v. J. Burke, et al, No. 19-60434 (5th Cir. 2020)

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This opinion or order relates to an opinion or order originally issued on February 5, 2020.

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Case: 19-60434 Document: 00515415612 Page: 1 Date Filed: 05/13/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 19-60434 FILED May 13, 2020 Lyle W. Cayce Clerk RICKY R. EWING, Plaintiff–Appellant, v. DOCTOR J. BURKE, Wilkinson County Correctional Facility; N. REED, HSA/Wilkinson County Correctional Facility, Defendants–Appellees. Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:19-CV-34 Before HIGGINBOTHAM, SOUTHWICK, and WILLETT, Circuit Judges. PER CURIAM: * Ricky R. Ewing, Mississippi prisoner # 34353, seeks authorization to proceed in forma pauperis (IFP) following the district court’s dismissal without prejudice of his 42 U.S.C. § 1983 complaint and denial of leave to proceed IFP on appeal. Ewing 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); Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-60434 Document: 00515415612 Page: 2 Date Filed: 05/13/2020 No. 19-60434 Ewing’s motion for leave to proceed IFP is DENIED. For the same reason, his appeal from the district court’s dismissal of his suit without prejudice as barred under § 1915(g) is frivolous and is DISMISSED. See 5TH CIR. R. 42.2; Baugh v. Taylor, 117 F.3d 197, 202 n.24 (5th Cir. 1997). 2

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