UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-30696 Summary Calendar OLUGBENGA BALOGUN, Petitioner-Appellant, versus IMMIGRATION AND NATURALIZATION SERVICE; JOHN B.Z. CAPLINGER, Respondents-Appellees. -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 93-CV-94 -------------------- December 1, 1999 Before SMITH, BARKSDALE, and PARKER, Circuit Judges. PER CURIAM:* Olugbenga Balogun appeals from the district court’s denial of his motion to reopen his habeas corpus proceedings. He has filed a motion with this court to proceed in forma pauperis (IFP) on appeal. Balogun argues that he was improperly deported after this court’s remand of his case to the district court in 1993, before an evidentiary hearing could be held. We have reviewed the record and conclude that Balogun has not demonstrated that he will present a nonfrivolous issue on appeal. Accordingly, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.  No. 99-30696 -2- Balogun’s motion to proceed IFP on appeal is DENIED and the appeal is DISMISSED. See 5TH CIR. R. 42.2. Balogun’s requests for release pending appeal and for the entry of summary and default judgment are also DENIED.