United States v. Anderson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-10253 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MERVIN GLEN ANDERSON,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:95-CV-2803-H - - - - - - - - - - September 10, 1996 Before SMITH, DUHE’ and BARKSDALE, Circuit Judges.

PER CURIAM:*

Mervin Anderson, federal prisoner # 12497-076, moves this

court for in forma pauperis (IFP) status to appeal the district

court’s judgment dismissing his motion brought pursuant to 28

U.S.C. § 2255 as successive under Rule 9(b) of the Rules

Governing Section 2255 Proceedings. Anderson argues only the

merits of the issues he raised in his § 2255 motion in the

district court. Because Anderson provides no argument on the

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-10253 - 2 -

only appealable issue, the propriety of the district court’s

dismissal of his motion under Rule 9(b), he has not established a

nonfrivolous issue for appeal. His motion to proceed IFP is

DENIED. Because the appeal is frivolous, the appeal is

DISMISSED. See 5th Cir. R. 42.2. We caution Anderson that any

additional frivolous appeals filed by him or on his behalf will

invite the imposition of sanctions. To avoid sanctions, Anderson

is further cautioned to review any pending appeals to ensure that

they do not raise arguments that are frivolous.

APPEAL DISMISSED; SANCTIONS WARNING ISSUED.