Gery Scott v. Lorie Davis, Director

Fifth Circuit

Gery Scott v. Lorie Davis, Director

670 F. App'x 322

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 10, 2016

Docket16-10136 Summary Calendar

StatusUnpublished

This text of 670 F. App'x 322 (Gery Scott v. Lorie Davis, Director) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gery Scott v. Lorie Davis, Director, 670 F. App'x 322 (5th Cir. 2016).

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Opinion

PER CURIAM: *

Gery Lee Scott, Texas prisoner # 1123905, seeks leave to proceed in forma pauperis (IFP) to appeal the district court’s transfer of his 28 U.S.C. § 2254 application as successive and unauthorized. Scott was convicted of injury to a child-bodily injury and sentenced to 35 years of imprisonment. He raised claims challenging his conviction and sentence on the basis of an allegedly unlawful sentence enhancement as well as the state and federal postconviction proceedings.

This appeal is frivolous and without merit because the district court correctly determined that the § 2254 application was successive and unauthorized under 28 U.S.C. § 2244(b)(3)(A). See § 2254(a); Leal Garcia v. Quarterman, 573 F.3d 214, 222 (5th Cir. 2009); Moore v. Dretke, 369 F.3d 844, 846 (5th Cir. 2004). Accordingly, Scott’s motions for IFP and appointment of counsel are DENIED, and his appeal is DISMISSED as frivolous. See 5th Cir. R. 42.2; Fed. R. App. P. 24(a)(5); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982).

This is Scott’s third unsuccessful attempt to challenge his conviction and sentence. He is WARNED that future frivolous or repetitive filings will result in the imposition of sanctions.'

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Gery Lee Scott, Texas prisoner # 1123905, seeks leave to proceed in forma pauperis (IFP) to appeal the district court’s transfer of his 28 U.S.C. § 2254 application as successive and unauthorized. Scott was convicted of injury to a child-bodily injury and sentenced to 35 years of imprisonment. He raised claims challenging his conviction and sentence on the basis of an allegedly unlawful sentence enhancement as well as the state and federal postconviction proceedings.

This appeal is frivolous and without merit because the district court correctly determined that the § 2254 application was successive and unauthorized under 28 U.S.C. § 2244(b)(3)(A). See § 2254(a); Leal Garcia v. Quarterman, 573 F.3d 214, 222 (5th Cir. 2009); Moore v. Dretke, 369 F.3d 844, 846 (5th Cir. 2004). Accordingly, Scott’s motions for IFP and appointment of counsel are DENIED, and his appeal is DISMISSED as frivolous. See 5th Cir. R. 42.2; Fed. R. App. P. 24(a)(5); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982).

This is Scott’s third unsuccessful attempt to challenge his conviction and sentence. He is WARNED that future frivolous or repetitive filings will result in the imposition of sanctions.'

*

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.

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670 F. App'x 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gery-scott-v-lorie-davis-director-ca5-2016.

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