de la Cruz v. TX Visiting Nurse, et al

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 21, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-41020
Conference Calendar
DIONEL DE LA CRUZ,
Plaintiff-Appellant,
versus
TEXAS VISITING NURSE SERVICE, INC.;
ROERIG, OLIVEIRA & FISHER L.L.P.,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-03-MC-11
--------------------
Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Dionel de la Cruz appeals from the district court’s order
denying him leave to proceed in forma pauperis (IFP). This court
considers the district court’s order as a dismissal for failure
to prosecute or to comply with a court order, because the
district court’s decision was based on de la Cruz’ failure to
appear for a hearing. The district court did not abuse its

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No. 03-41020
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discretion in denying de la Cruz’ motion to proceed IFP. See
McNeal v. Papasan, 842 F.2d 787, 790 (5th Cir. 1988).
Furthermore, de la Cruz’ appeal lacks arguable merit and is
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). De la Cruz is cautioned that any future frivolous appeals
or pleadings filed by him or on his behalf will invite the
imposition of sanctions. He should therefore review any pending
appeals to ensure that the appeals do not raise arguments that
are frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.

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