Ewing v. Burke, et al

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-60434

RICKY R. EWING,

Plaintiff–Appellant,

v.

DOCTOR J. BURKE, Wilkinson County Correctional Facility; N. REED,
HSA/Wilkinson County Correctional Facility,

Defendants–Appellees.

Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:19-CV-34

Before HIGGINBOTHAM, SOUTHWICK, and WILLETT, Circuit Judges.
PER CURIAM:
*

Ricky R. Ewing, Mississippi prisoner # 34353, seeks authorization to
proceed in forma pauperis (IFP) following the district court’s dismissal without
prejudice of his 42 U.S.C. § 1983 complaint and denial of leave to proceed IFP
on appeal. Ewing has failed to show that he should be allowed to proceed IFP
on appeal under 28 U.S.C. § 1915(g). See Banos v. O’Guin, 144 F.3d 883, 885
(5th Cir. 1998); Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996).

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
May 13, 2020

Lyle W. Cayce
Clerk
Case: 19-60434 Document: 00515415612 Page: 1 Date Filed: 05/13/2020

No. 19-60434
2
Ewing’s motion for leave to proceed IFP is DENIED. For the same reason, his
appeal from the district court’s dismissal of his suit without prejudice as barred
under § 1915(g) is frivolous and is DISMISSED. See 5
TH CIR. R. 42.2; Baugh v.
Taylor, 117 F.3d 197, 202 n.24 (5th Cir. 1997).
Case: 19-60434 Document: 00515415612 Page: 2 Date Filed: 05/13/2020