Osborne v. SBC Disab Income Pln, 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this opinion should not be published and is not precedent except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
July 22, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20740
Summary Calendar
LORETTA OSBORNE,
Plaintiff-Appellant,
versus
SBC DISABILITY INCOME PLAN; SBC COMMUNICATIONS INC.;
SEDGWICK C.M.S.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CV-1687
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Before JOLLY, DAVIS, and OWEN, Circuit Judges.
PER CURIAM:*
Loretta Osborne has filed a motion in this court to proceed
in forma pauperis (IFP) on appeal from the dismissal of her
Employee Retirement and Income Security Act (ERISA) complaint.
The district court granted the defendants’ motion for summary
judgment and dismissed Osborne’s claims after finding that the
decision to deny Osborne long term disability benefits was not
arbitrary, capricious, or an abuse of discretion. The district

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court denied Osborne’s motion to proceed IFP on appeal and
certified that her appeal was not taken in good faith.
Osborne’s financial affidavit establishes that she is unable
to pay the costs of her appeal without undue hardship or
deprivation of life’s necessities. See Adkins v. E.I. Du Pont
de Nemours & Co., 335 U.S. 331, 339 (1948). However, Osborne
does not address the reasons for the district court’s dismissal
of her complaint. Osborne has failed to establish a nonfrivolous
ground for appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th
Cir. 1982); 28 U.S.C. § 1915(a)(3). Her IFP motion is DENIED.
As the appeal contains no nonfrivolous issues, it is DISMISSED.
Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR.
R. 42.2. Osborne’s motion for appointment of counsel is DENIED.

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