Reed v. San Antonio Aerospace

Full title: Levi REED, Jr., Plaintiff-Appellant v. SAN ANTONIO AEROSPACE, LP…

Court: United States Court of Appeals, Fifth Circuit

Date published: Dec 10, 2008

302 F. App'x 323 (5th Cir. 2008)

Opinion

No. 08-50230, Conference Calendar.

December 10, 2008.

Levi Reed, Jr., pro se.

Benjamin R. Bingham, Bingham Lea, San Antonio, TX, for 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PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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).

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.