Filed: Aug. 23, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-60099 Conference Calendar TONY L. BLAND, Plaintiff-Appellant, versus (UNKNOWN) KNUTSON, DR.; (UNKNOWN) BEARRY, DR.; HENRY WADSWORTH, DR., Defendants-Appellees. - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:01-CV-167-P-A - August 20, 2002 Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges. PER CURIAM:* Tony L. Bland, Mississippi prisoner # 24431, has filed an application for
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-60099 Conference Calendar TONY L. BLAND, Plaintiff-Appellant, versus (UNKNOWN) KNUTSON, DR.; (UNKNOWN) BEARRY, DR.; HENRY WADSWORTH, DR., Defendants-Appellees. - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:01-CV-167-P-A - August 20, 2002 Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges. PER CURIAM:* Tony L. Bland, Mississippi prisoner # 24431, has filed an application for ..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60099
Conference Calendar
TONY L. BLAND,
Plaintiff-Appellant,
versus
(UNKNOWN) KNUTSON, DR.; (UNKNOWN)
BEARRY, DR.; HENRY WADSWORTH, DR.,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:01-CV-167-P-A
--------------------
August 20, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Tony L. Bland, Mississippi prisoner # 24431, has filed an
application for leave to proceed in forma pauperis (IFP) on
appeal, following the district court’s dismissal as frivolous of
his civil rights complaint. By moving for IFP, Bland is
challenging the district court’s certification that IFP status
should not be granted on appeal because his appeal is not taken
*
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that this opinion should not be published and is not precedent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. 02-60099
-2-
in good faith. See Baugh v. Taylor,
117 F.3d 197, 202 (5th Cir. 1997).
The district court construed Bland’s complaint as raising a
challenge to the medical care he received in the Mississippi
Department of Corrections and ordered that the case be dismissed
on res judicata and collateral estoppel grounds, as Bland had
raised the same claims in the state courts. Bland contends that
he was actually attempting to appeal the Mississippi Supreme
Court’s failure to grant him IFP status on his appeal in the
state courts and the subsequent dismissal of his appeal. Under
the Rooker-Feldman doctrine, federal district courts lack
jurisdiction to review state judgments. United States v.
Shepherd,
23 F.3d 923, 924 (5th Cir. 1994); Liedtke v. State Bar
of Texas,
18 F.3d 315, 317 (5th Cir. 1994). Bland’s appeal is
thus without arguable merit and is frivolous. See Howard v.
King,
707 F.2d 215, 219-20 (5th Cir. 1983).
Accordingly, we uphold the district court’s order certifying
that the appeal is not taken in good faith and denying Bland IFP
status on appeal, we deny the motion for leave to proceed IFP,
and we DISMISS Bland’s appeal as frivolous. See
Baugh, 117 F.3d
at 202 n.24; 5TH CIR. R. 42.2.
APPEAL DISMISSED.