Ingram v. Southwestern Bell

* 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that this opinion should not be published and is not precedent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. 00-50488
Summary Calendar
STEVEN J. INGRAM,
Plaintiff-Appellant,
versus
SOUTHWESTERN BELL TELEPHONE CO.,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-00-CV-13-SS
--------------------
April 19, 2001
Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
Steven J. Ingram (Ingram) seeks leave to appeal in forma
pauperis (IFP) the district court’s judgment dismissing his
action against Southwestern Bell Telephone Company. A movant for
IFP on appeal must show that he is a pauper and that he will
present a nonfrivolous issue on appeal. See Carson v. Polley,
689 F.2d 562, 586 (5th Cir. 1982). Ingram argues that the
district court erred in dismissing his complaint under Fed.
R. Civ. P. 12(b)(6). The district court did not err. See 18

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No. 00-50488
-2-
U.S.C. §§ 2519 and 2704. Because Ingram has not demonstrated
that he will present a nonfrivolous issue on appeal, his appeal
is DISMISSED and his motion for IFP is DENIED. See 5th Cir.
42.2; Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).
APPEAL DISMISSED; MOTION DENIED.

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