Filed: Apr. 29, 1997
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-40695 Summary Calendar JAMES MCCARTER, Plaintiff-Appellant, versus STERLING LEMON, Sergeant Lieutenant, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. C-93-CV-312 - - - - - - - - - - April 11, 1997 Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges. PER CURIAM:* James McCarter, Texas prisoner # 498365, moves this court for leave to proceed in
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-40695 Summary Calendar JAMES MCCARTER, Plaintiff-Appellant, versus STERLING LEMON, Sergeant Lieutenant, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. C-93-CV-312 - - - - - - - - - - April 11, 1997 Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges. PER CURIAM:* James McCarter, Texas prisoner # 498365, moves this court for leave to proceed in ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40695
Summary Calendar
JAMES MCCARTER,
Plaintiff-Appellant,
versus
STERLING LEMON, Sergeant Lieutenant,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-93-CV-312
- - - - - - - - - -
April 11, 1997
Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.
PER CURIAM:*
James McCarter, Texas prisoner # 498365, moves this court
for leave to proceed in forma pauperis (IFP) on appeal from the
grant of summary judgment in favor of the Defendant and the
dismissal of his civil rights complaint. On January 9, 1997,
Chief Judge Politz ordered McCarter to file an affidavit for
leave to proceed IFP on appeal pursuant to the Prison Litigation
Reform Act of 1995 (PLRA). The order held McCarter’s appeal in
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-40695
- 2 -
abeyance for 30 days pending payment of the $105 filing fee or
submittal of the required documents pursuant to the PLRA.
McCarter timely responded; however, the documentation submitted
by McCarter does not comply with the requirements imposed by the
PLRA because he did not submit information regarding his prison
trust account for the period required. See § 1915(a), (b).
Accordingly, McCarter’s motion for leave to proceed IFP on appeal
is DENIED, and his appeal is dismissed for want of prosecution.
See 5th Cir. R. 42.3. Should McCarter wish to reinstate his
appeal, he is instructed to pay the $105 filing fee to the clerk
of the district court within 30 days from the date of this order.
MOTION DENIED. APPEAL DISMISSED.