Filed: May 12, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-20272 Summary Calendar DANIEL JOSEPH LUKEN, Plaintiff-Appellant, versus GARY L. JOHNSON, Texas Department of Criminal Justice, Institutional Division, WAYNE SCOTT, Director, Texas Department of Criminal Justice, Institutional Division; S.O. WOODS, JR.; SAMUAL BUENTELLO, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-H-97-1891 - - - - - - - - -
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-20272 Summary Calendar DANIEL JOSEPH LUKEN, Plaintiff-Appellant, versus GARY L. JOHNSON, Texas Department of Criminal Justice, Institutional Division, WAYNE SCOTT, Director, Texas Department of Criminal Justice, Institutional Division; S.O. WOODS, JR.; SAMUAL BUENTELLO, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-H-97-1891 - - - - - - - - - -..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-20272
Summary Calendar
DANIEL JOSEPH LUKEN,
Plaintiff-Appellant,
versus
GARY L. JOHNSON,
Texas Department of
Criminal Justice, Institutional
Division, WAYNE SCOTT, Director,
Texas Department of Criminal
Justice, Institutional Division;
S.O. WOODS, JR.; SAMUAL
BUENTELLO,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-H-97-1891
- - - - - - - - - -
May 12, 1999
Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Daniel Joseph Luken, Texas state prisoner 602222, has filed
a motion to proceed in forma pauperis (IFP) on appeal. The court
previously remanded this case to the district court for a
determination whether Luken was responsible for his failure to
*
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that this opinion should not be published and is not precedent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. 98-20272
-2-
comply with the district court’s order to provide a copy of his
trust account statement in compliance with the financial
reporting requirements of 28 U.S.C. § 1915(a).
Luken asserted that he was unable to obtain the information
while incarcerated in the Harris County Jail. The district court
determined based on information provided by a county jail
official that there were simple procedures available to obtain
the information, and that Luken failure’s to obtain a copy of his
trust account statement was inexcusable.
Because Luken failed to timely provide the information
required by the Prison Litigation Reform Act, his motion to
proceed IFP on appeal is DENIED, and the appeal is DISMISSED for
lack of prosecution. See 5th Cir. R. 42.3.
If Luken wishes to reinstate his appeal, he must pay the
filing fee of $105 to the clerk of the district court within 30
days of the entry of the dismissal order.
APPEAL DISMISSED.