United States v. Robert Dunlap

389 F. App'x 359

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 5, 2010
• Docket: 10-50249
• Status: Unpublished

Opinion

PER CURIAM: *

Robert Lloyd Dunlap, federal prisoner # 56812-180, seeks leave to proceed in for-ma pauperis (IFP) on appeal from the district court’s denial of his motion to reduce sentence pursuant to 18 U.S.C. § 3553(a). Dunlap also moves for the appointment of counsel.

In order to obtain leave to proceed IFP, Dunlap must show that he is a pauper, and he must raise a nonfrivolous issue. See Jackson v. Dallas Police Dep’t, 811 F.2d 260, 261 (5th Cir.1986). Dunlap provides only his financial information and does not address whether his appeal will present a nonfrivolous issue. Dunlap does not even mention the denial of his § 3553(a) motion for lack of jurisdiction. Dunlap’s appeal is without arguable merit and is thus frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.1983).

Accordingly, Dunlap’s request for leave to proceed IFP is DENIED. His motion for appointment of counsel is also DENIED, and the appeal is DISMISSED. See 5th Cir. R. 42.2.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.