Simmons v. Payne

Fifth Circuit

Simmons v. Payne

170 F. App'x 906

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 17, 2006

Docket05-30207

StatusUnpublished

Cited by10 cases

This text of 170 F. App'x 906 (Simmons v. Payne) 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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Simmons v. Payne, 170 F. App'x 906 (5th Cir. 2006).

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Opinion

PER CURIAM: *

Raymond Simmons moves for permission to proceed in forma pauperis (IFP) to appeal the dismissal of his 42 U.S.C. § 1983 complaint against the defendants as frivolous pursuant to 28 U.S.C. § 1915(e). By moving for IFP, Simmons is challenging the district court’s certification that IFP status should not be granted on appeal because his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir.1997).

The district court found that Simmons’s assertion of a vast conspiracy by all levels of the state government and federal government was manifestly frivolous because the factual allegations were fanciful, irrational, incredible, and delusional. See Neitzke v. Williams, 490 U.S. 319, 327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). Simmons has not briefed the district court’s finding that his complaint is delusional, and thus has not adequately briefed the issue before the court on appeal. Grant v. Cuellar, 59 F.3d 523, 524 (5th Cir.1995). Our review of Simmons’s complaint con *908 vinces us that the dismissal as frivolous was not an abuse of discretion. See Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997). We have also found no abuse of discretion in the imposition of monetary sanctions under Fed.R.Civ.P. 11. Mendoza v. Lynaugh, 989 F.2d 191, 195 (5th Cir.1993).

“[N]othing prevents the appellate court from sua sponte dismissing the case on the merits pursuant to 5th Cir. R. 42.2 when it is apparent that an appeal would be meritless.” See Baugh, 117 F.3d at 202 n. 24. Simmons has failed to show that his appeal involves nonfrivolous issues, and his appeal is dismissed.

MOTION FOR IFP STATUS DENIED; APPEAL DISMISSED; MOTION TO EXPEDITE DENIED AS MOOT.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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

Raymond Simmons moves for permission to proceed in forma pauperis (IFP) to appeal the dismissal of his 42 U.S.C. § 1983 complaint against the defendants as frivolous pursuant to 28 U.S.C. § 1915(e). By moving for IFP, Simmons is challenging the district court’s certification that IFP status should not be granted on appeal because his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir.1997).

The district court found that Simmons’s assertion of a vast conspiracy by all levels of the state government and federal government was manifestly frivolous because the factual allegations were fanciful, irrational, incredible, and delusional. See Neitzke v. Williams, 490 U.S. 319, 327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). Simmons has not briefed the district court’s finding that his complaint is delusional, and thus has not adequately briefed the issue before the court on appeal. Grant v. Cuellar, 59 F.3d 523, 524 (5th Cir.1995). Our review of Simmons’s complaint con *908 vinces us that the dismissal as frivolous was not an abuse of discretion. See Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997). We have also found no abuse of discretion in the imposition of monetary sanctions under Fed.R.Civ.P. 11. Mendoza v. Lynaugh, 989 F.2d 191, 195 (5th Cir.1993).

“[N]othing prevents the appellate court from sua sponte dismissing the case on the merits pursuant to 5th Cir. R. 42.2 when it is apparent that an appeal would be meritless.” See Baugh, 117 F.3d at 202 n. 24. Simmons has failed to show that his appeal involves nonfrivolous issues, and his appeal is dismissed.

MOTION FOR IFP STATUS DENIED; APPEAL DISMISSED; MOTION TO EXPEDITE DENIED AS MOOT.

*

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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