Summary
denying motion for leave to appeal IFP after noting that the court of appeals "lacks jurisdiction over the denial of McGrew's request for a temporary restraining order"
Summary of this case from Pringle v. United StatesOpinion
No. 09-31206 Summary Calendar.
July 20, 2010.
Carlos McGrew, Angola, LA, pro se.
Appeal from the United States District Court for the Middle District of Louisiana, USDC No. 3:09-CV-859.
Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
Carlos A. McGrew, Louisiana state prisoner # 413135, proceeding pro se, moves for leave to proceed in forma pauperis (IFP) in an appeal of the district court's interlocutory orders denying his motion for a temporary restraining order and preliminary injunction. McGrew's IFP motion is a challenge to 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).
This court lacks jurisdiction over the denial of McGrew's request for a temporary restraining order. See Faulder v. Johnson, 178 F.3d 741, 742 (5th Cir. 1999). McGrew has identified no "extraordinary circumstances" warranting a reversal of the district court's denial of his motion for a preliminary injunction. See White v. Carlucci 862 F.2d 1209, 1211 (5th Cir. 1989).
McGrew has not shown that he will present a nonfrivolous issue on appeal. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Accordingly, his motion for leave to proceed IFP is DENIED and the appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 n. 24; 5TH CIR. R. 42.2.
The dismissal of this appeal counts as one strike under 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). McGrew is CAUTIONED that if he accumulates three strikes under § 1915(g), he will not be able to proceed IFP in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See § 1915(g).
IFP MOTION DENIED; APPEAL DISMISSED; SANCTION WARNING ISSUED.