Simpson v. Taylor

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-20655 Summary Calendar __________________

ELLAR PERRY SIMPSON,

Plaintiff-Appellant,

versus

CHARLES RAY TAYLOR; HOUSTON INDEPENDENT SCHOOL DISTRICT,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-93-CV-2723 - - - - - - - - - - May 22, 1996 Before JOLLY, JONES and STEWART, Circuit Judges.

PER CURIAM:*

Ellar Perry Simpson has filed motions to proceed in forma

pauperis (“IFP”) on appeal, for transcripts at government

expense, and for appointment of counsel.

Because Simpson’s proposed issues for appeal concern only

the credibility of witnesses, her appeal is frivolous. See

Martin v. Thomas, 973 F.2d 449, 453 n.3 (5th Cir. 1992) (an

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-20655 -2-

appellate court may not weigh conflicting evidence or determine

the credibility of witnesses); Jackson v. Dallas Police Dep’t,

811 F.2d 260, 261 (5th Cir. 1986).

Simpson’s motion to proceed IFP is DENIED and her appeal is

DISMISSED as frivolous. 5th Cir. R. 42.2.

Simpson’s motion for transcripts at government expense and

for appointment of counsel are DENIED as moot.