Turner v. United States

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 27, 1995
• Docket: 95-20132
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-20132 Summary Calendar __________________

GLORIA TREVINO TURNER,

Plaintiff-Appellant,

versus

UNITED STATES OF AMERICA,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. MC-H-95-0004 - - - - - - - - - - November 20, 1995 Before KING, SMITH and BENAVIDES, Circuit Judges.

PER CURIAM:*

Gloria Trevino Turner appeals the district court's order

denying her application to proceed in forma pauperis (IFP).

Because Turner's affidavit and financial information indicate

that she is not able to meet the costs of this litigation without

undue hardship, the decision denying IFP is REVERSED. See Adkins

v. E.I. Du Pont de Nemours & Co., 335 U.S. 331, 339 (1948);

* Local Rule 47.5 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. No. 95-20132 -2-

Flowers v. Turbine Support Division, 507 F.2d 1242, 1244-46 (5th

Cir. 1975).

As no transcript is necessary for the proper disposition of

this appeal, Turner's request for a transcript at Government

expense is DENIED. See Harvey v. Andrist, 754 F.2d 569, 571 (5th

Cir.), cert. denied, 471 U.S. 1126 (1985).

REVERSED AND REMANDED.