599 F. App'x 226

Vernon KING, Jr., Plaintiff-Appellant, v. Indria N. RICE, Officer; Kyle D. Herrington, Officer; Up Taylor, Officer, Defendants-Appellees.

No. 14-40401.

United States Court of Appeals, Fifth Circuit.

April 14, 2015.

Vernon King, . Jr., Cid Estelle Unit, Huntsville, TX, pro se.

*227Before PRADO, OWEN, and GRAVES, Circuit Judges.

PER CURIAM: *

Vernon King, Jr., Texas prisoner #590316, moves this court for authorization to proceed in forma pauperis (IFP) following the district court’s dismissal of his 42 U.S.C. § 1983 complaint. Under 28 U.S.C. § 1915(g), a prisoner may not proceed IFP in a civil action or in an appeal of a judgment in a civil action if the prisoner has, on three or more prior occasions, while incarcerated, brought an action or appeal that was dismissed as frivolous or for failure to state a claim, unless the prisoner is under imminent danger of serious physical injury. Banos v. O’Guin, 144 F.3d 883, 885 (5th Cir.1998). King has failed to show that he should be allowed to proceed IFP on appeal under § 1915(g) or that his appeal of the district court’s judgment presents a nonfrivolous issue. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir.1982). King’s motion for leave to proceed IFP is denied.

The fa.cts surrounding the IFP decision are inextricably intertwined with the merits of the appeal. See, e.g., Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir.1997). The appeal of the judgment of the district court presents no nonfrivolous issues, and the appeal is dismissed as frivolous. 5th Cir. R. 42.2.

IFP DENIED; APPEAL DISMISSED.

King v. Rice
599 F. App'x 226

Case Details

Name
King v. Rice
Decision Date
Apr 14, 2015
Citations

599 F. App'x 226

Jurisdiction
United States

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