Opinion
No. 10-51004 Summary Calendar.
June 16, 2011.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.
Todd Ricks, Texarkana, TX, pro se,
Appeal from the United States District Court for the Western District of Texas, USDC No. 1:06-CR-206-1.
Before JOLLY, GARZA and STEWART, Circuit Judges.
Todd Ricks is serving a 300-month sentence for three drug and firearm crimes. He has moved this court for leave to appeal in forma pauperis and for appointment of counsel as he seeks to appeal, the district court's denial of two motions. In one motion, Ricks contended that a hung jury in a 2007 mistrial equated to an acquittal and that he was entitled to a nunc pro tunc order of acquittal. In the other motion, Ricks sought a formal written ruling that his motion for acquittal during the 2007 mistrial had been denied.
The motions filed by Ricks in the district court were meaningless, unauthorized, and without any jurisdictional basis. See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994) (addressing "a meaningless, un-authorized motion" that lacked any jurisdictional basis). Ricks has failed to show that his appeal from the denial of these frivolous motions involves "legal points arguable on their merits (and therefore not frivolous)." Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983) (internal quotation marks omitted). The appeal is DISMISSED as frivolous, and Ricks's motions are DENIED. See Baugh v. Taylor, 117 F.3d 197, 202 n. 24 (5th Cir. 1997); 5TH CIR. RULE 42.2.