Lynd v. McDonald's Corp.

Full title: David LYND, Plaintiff-Appellant v. MCDONALD'S CORPORATION…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 25, 2011

420 F. App'x 348 (5th Cir. 2011)

Opinion

No. 10-10503 Summary Calendar.

March 25, 2011.

David Lynd, Mesquite, TX, pro se.

John J. Little, Esq., Little Pedersen Fankhauser, L.L.P., Dallas, TX, David S. Foster, Latham Watkins, L.L.P., Chicago, IL, for Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:00-CV-1452.

Before HIGGINBOTHAM, SMITH and HAYNES, Circuit Judges.

PER CURIAM.[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

David Lynd moves this court for authorization to proceed in forma pauperis (IFP) in this appeal from the denial of his FED. R.CIV.P. 60(b) motion. Lynd asserts that he is impoverished, that his claims are valid, and that the magistrate judge was biased. These allegations are insufficient to show that Lynd will raise a nonfrivolous issue on appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). Consequently, his IFP motion is DENIED and this appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2. All other outstanding motions are likewise DENIED.