Casas v. Warden Fed Corrtl

* 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that this opinion should not be published and is not precedent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. 02-50275
Conference Calendar
TOMAS NORDELO CASAS,
Petitioner-Appellant,
versus
WARDEN, FEDERAL CORRECTIONAL INSTITUTE BASTROP,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-01-CV-393-JN
--------------------
October 30, 2002
Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Tomas Nordelo Casas, a federal prisoner (# 44811-079), has
filed a motion requesting leave to appeal in forma pauperis
(“IFP”) following the denial of his second 28 U.S.C. § 2241
habeas petition as an abuse of the writ. See 28 U.S.C.
§ 2244 (a). This court may authorize Casas to proceed IFP on
appeal only if he is economically eligible and his appeal is not
frivolous. Jackson v. Dallas Police Dep’t, 811 F.2d 260, 261
(5th Cir. 1986). Casas’ failure to brief the abuse-of-the-writ
issue, the basis of the denial of his habeas petition, is the

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No. 02-50275
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same as if he had not appealed the judgment. See Brinkmann
v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748
(5th Cir. 1987). Accordingly, the appeal is without arguable
merit, and we DENY IFP and DISMISS THE APPEAL AS FRIVOLOUS.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983);
5TH CIR. R. 42.2.
IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS.

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