Torres v. Allred Unit Med Dept

* 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that this opinion should not be published and is not precedent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. 02-10049
Conference Calendar
PEDRO FLORES TORRES,
Plaintiff-Appellant,
versus
ALLRED UNIT MEDICAL DEPARTMENT,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:00-CV-71-R
--------------------
June 18, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
The district court has certified that the captioned appeal
has not been taken in good faith, pursuant to 28 U.S.C.
§ 1915(a)(3) and FED. R. APP. P. 24(a), and that Texas prisoner
Pedro Flores Torres (#758935) should not be allowed to proceed in
forma pauperis (IFP) on appeal. Torres has filed a motion to
proceed IFP on appeal, which this court construes as a motion
challenging the district court’s certification.

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No. 02-10049
-2-
Torres does not show why the bad-faith determination was
erroneous and has thus failed to satisfy the requirements of
Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). The record
fully supports the district court’s determination that Torres has
failed to allege facts to support a claim on which relief could
be granted. In addition, Torres’s action must fail because he
did not exhaust administrative remedies. See Porter v. Nussle,
122 S. Ct. 983, 992 (2002).
The appeal is frivolous; the motion for IFP is DENIED; and
the appeal is DISMISSED. 5TH CIR. R. 42.2.

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