Opinion
No. 10-30332 Summary Calendar.
October 26, 2010.
Mark A. Miller, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for PlaintiffAppellee.
Michael Collins, Oakdale, LA, pro se.
Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:04-CR-323-1.
Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.
Michael Collins, federal prisoner # 29123-034, seeks leave to proceed in forma pauperis (IFP) on appeal from the district court's denial of his motion, purportedly brought pursuant to 18 U.S.C. § 3583(b)(2), to reduce his term of supervised release. By moving for IFP, Collins is challenging 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).
Section 3583(b)(2) does not authorize a motion to reduce supervised release, and we discern no other valid jurisdictional basis for the motion. Collins is thus appealing "from the denial of a meaningless, unauthorized motion." United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Collins has not demonstrated that he will raise a nonfrivolous issue on appeal. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Accordingly, Collins' motion to proceed IFP is denied. See Baugh, 117 F.3d at 202 n. 24. Because his appeal is frivolous, the appeal is dismissed. See 5TH CIR. R. 42.2.