Clarence H. Hailes v. The Equitable Life Assurance Society of the United States

729 F.2d 1037, 1984 U.S. App. LEXIS 23481

Opinion

BY THE COURT:

IT IS ORDERED that leave to appeal in forma pauperis be withdrawn. A review of the trial transcript, shows that the legal points presented lack arguable merit and are therefore frivolous. McFadden v. Lucas, 713 F.2d 143, 145 (5th Cir.), cert. denied, — U.S. -, 104 S.Ct. 499, 78 L.Ed.2d 691 (1983); Howard v. King, 707 F.2d 215, 220 (5th Cir.1983). Hailes’ claim of sex-based discrimination in employment of secretaries is, as the transcript shows, the product of a project to obtain a lawsuit — not a secretarial position. See Banks v. Heun-Norwood Division of Mogul Corp., (E.D.Mo.1977), 428 F.Supp. 104, aff'd, 566 F.2d 1073 (8th Cir.1977).

IT IS FURTHER ORDERED that leave to appeal in forma pauperis be DENIED and the appeal is hereby DISMISSED as frivolous under Local Rule 42.2.