United States v. Felipe Rodriguez

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 7, 2020
• Docket: 19-50414
• Status: Unpublished

Opinion

Case: 19-50414 Document: 00515662885 Page: 1 Date Filed: 12/07/2020

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED December 7, 2020 No. 19-50414 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Felipe Carmona Rodriguez,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 2:18-CV-58 USDC No. 2:14-CR-345-1

Before Clement, Elrod, and Haynes, Circuit Judges. Per Curiam:* Felipe Carmona Rodriguez, federal prisoner # 34144-380, moves this court to proceed in forma pauperis (IFP) on appeal from the denial of motions that he filed in his 28 U.S.C. § 2255 proceedings for IFP authorization in the

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-50414 Document: 00515662885 Page: 2 Date Filed: 12/07/2020

No. 19-50414

district court and, relatedly, for the provision of free copies of transcripts and other documents from the underlying criminal proceedings. By moving to proceed IFP, Rodriguez challenges the district court’s certification that his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). As we do not have jurisdiction to review the interlocutory order denying Rodriguez’s motions to proceed IFP in the district court and for the provision of free copies of trial court documents, see Thompson v. Drewry, 138 F.3d 984, 985-86 (5th Cir. 1998); Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993), his appeal is DISMISSED FOR LACK OF JURISDICTION. His motion to proceed IFP on appeal is DENIED.