Lewis v. Entergy Gulf States

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30954
Conference Calendar
IDA MAE WILLIAMS LEWIS,
Plaintiff-Appellant,
versus
ENTERGY GULF STATES, INC.,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-CV-252
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February 20, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Ida Mae Williams Lewis appeals the district court’s
dismissal of her pro se, in forma pauperis, civil rights
complaint for failure to state a claim upon which relief could be
granted. Lewis’s motion to strike Entergy Gulf States’s motion
to dismiss the complaint that was filed in the district court is
DENIED.
We review de novo the district court’s grant of a motion to
dismiss for failure to state a claim. Blackburn v. City of
Marshall, 42 F.3d 925, 931 (5th Cir. 1995). Lewis has not

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No. 01-30954
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challenged the district court’s reasons for dismissing her
complaint. Accordingly, it is as if Lewis had not appealed the
judgment. Brinkmann v. Dallas County Deputy Sheriff Abner, 813
F.2d 744, 748 (5th Cir. 1987).
Lewis’s appeal is without arguable merit and is frivolous.
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is DISMISSED. 5TH CIR. R. 42.2.
APPEAL DISMISSED AS FRIVOLOUS; MOTION DENIED.

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