Filed: Nov. 08, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-31422 Summary Calendar GLENN R. WADE, Plaintiff-Appellant, versus CHARLES C. FOTI, JR.; CORPORAL WINFIELD; CORPORAL PENNINGTON; Sergeant JENKINS; CORPORAL FISON, Defendants-Appellees. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 99-CV-947-F - November 7, 2000 Before DAVIS, JONES and DEMOSS, Circuit Judges. PER CURIAM:* Glenn Wade, Louisiana prisoner # 108316, seeks in forma pauperi
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-31422 Summary Calendar GLENN R. WADE, Plaintiff-Appellant, versus CHARLES C. FOTI, JR.; CORPORAL WINFIELD; CORPORAL PENNINGTON; Sergeant JENKINS; CORPORAL FISON, Defendants-Appellees. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 99-CV-947-F - November 7, 2000 Before DAVIS, JONES and DEMOSS, Circuit Judges. PER CURIAM:* Glenn Wade, Louisiana prisoner # 108316, seeks in forma pauperis..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-31422
Summary Calendar
GLENN R. WADE,
Plaintiff-Appellant,
versus
CHARLES C. FOTI, JR.; CORPORAL WINFIELD; CORPORAL PENNINGTON;
Sergeant JENKINS; CORPORAL FISON,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 99-CV-947-F
--------------------
November 7, 2000
Before DAVIS, JONES and DEMOSS, Circuit Judges.
PER CURIAM:*
Glenn Wade, Louisiana prisoner # 108316, seeks in forma
pauperis (IFP) status for his appeal following the district
court’s denial of his IFP motion. The district court had
dismissed Wade’s 42 U.S.C. § 1983 suit, in which he alleged that
prison officials failed to protect Wade from another inmate. The
dismissal was based upon the credibility determinations made by
the magistrate judge following a trial. When denying Wade IFP
*
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that this opinion should not be published and is not precedent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. 99-31422
- 2 -
status for his appeal, the district court certified that the
appeal was not being taken in good faith because, “[b]ased on the
only credible evidence presented, the defendant acted reasonably
under the circumstances.”
Wade does not challenge the district court’s reasons for its
denial of Wade’s IFP motion except to suggest that the district
court made an insufficient, cursory determination whether Wade’s
appeal was being taken in good faith. The district court
sufficiently stated reasons for denying Wade IFP status. See
Baugh v. Taylor,
117 F.3d 197, 202 & n.21 (5th Cir. 1997). Wade
has not made a meritorious challenge to the district court’s
denial of IFP. His motion to proceed IFP on appeal is DENIED.
His motion for the production of documents is DENIED. The appeal
is without arguable merit and thus frivolous. It is DISMISSED.
See
id. at 202 n.24; 5TH CIR. R. 42.2.