Opinion
No. 06-30881, Summary Calendar.
May 29, 2007.
Brian K. Chisholm, Winnfield, LA, pro se.
Steven M. Oxenhandler, Gold, Weems, Bruser, Sues Rundell, Alexandria, LA, for Defendants-Appellees.
Appeal from the United States District Court for the Western District of Louisiana, USDC No. 3:06-CV-739.
Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
Brian K. Chisholm, Louisiana prisoner # 323477, moves for leave to proceed in forma pauperis (IFP) on appeal. The district court denied Chisholm's IFP motion and certified that the appeal was not taken in good faith. By moving for IFP, Chisholm is challenging the district court's certification. Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
Chisholm filed a 42 U.S.C. § 1983 complaint and claims for declaratory and injunctive relief against Union Parish Detention Center (UPDC) officials alleging that: (1) UPDC officials confiscated his legal books and failed to return them, thus depriving him of his property without due process of law, (2) UPDC kitchen staff violated his rights under the Free Exercise Clause of the First Amendment by giving him meals that were prepared in violation of his Muslim faith.
However, Chisholm's claims do not involve legal points arguable on their merits. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983) (internal quotations and citations omitted); Baugh, 117 F.3d at 202. Accordingly, Chisholm's motion to proceed IFP is DENIED and his appeal is DISMISSED.