Ayati-Ghaffari v. JP Morgan Chase

Opinion

Case: 22-40172 Document: 00516616964 Page: 1 Date Filed: 01/19/2023

United States Court of Appeals for the Fifth Circuit

____________ United States Court of Appeals Fifth Circuit

FILED

No. 22-40172

January 19, 2023

Summary Calendar ____________ Lyle W. Cayce Clerk

In the Matter of Feysal Ayati-Ghaffari

Debtor,

Feysal Ayati-Ghaffari,

Appellant,

versus

JP Morgan Chase Bank, N.A.; Carey D. Ebert,

Appellees.

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Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:21-CV-326

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Before Higginbotham, Duncan, and Wilson, Circuit Judges. Per Curiam:* Feysal Ayati-Ghaffari moves for leave to proceed in forma pauperis (IFP) in this appeal from the district court’s affirmance of rulings by the

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*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-40172 Document: 00516616964 Page: 2 Date Filed: 01/19/2023

No. 22-40172

bankruptcy court on two motions and an objection to the trustee’s final report. The bankruptcy court based these rulings on the fact that Ayati- Ghaffari’s case had been dismissed and his bankruptcy estate no longer existed. The district court found that Ayati-Ghaffari’s arguments were barred by the doctrine of res judicata.

By moving to proceed IFP, Ayati-Ghaffari challenges the district court’s certification that his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997); 28 U.S.C. § 1915(a)(3). Good faith is demonstrated when a party seeks review of a nonfrivolous issue, meaning one involving legal points that are arguable on the merits. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).

Although we construe pro se filings liberally, even pro se litigants must brief arguments to preserve them. Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993). Ayati-Ghaffari has not briefed, and has therefore abandoned, any challenge to the substance of the rulings appealed. See id. at 224-25. He therefore fails to show a nonfrivolous issue, and the merits of this appeal are so intertwined with the certification decision as to constitute the same issue. Accordingly, Ayati-Ghaffari’s IFP motion is DENIED, and the appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 & n.24; 5th Cir. R. 42.2.