Fields v. Southwest Airln Co

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
January 12, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-50349
Summary Calendar
VALERIE FIELDS,
Plaintiff-Appellant,
versus
SOUTHWEST AIRLINES COMPANY,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:03-CV-327
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Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
Valerie Fields moves to proceed in forma pauperis (IFP) on
appeal. Southwest Airlines Company (“Southwest”) has moved to
strike her appellate brief and to dismiss the appeal. Fields has
in turn moved for permission to file an out of time reply to
Southwest’s motion.
This court may authorize Fields to proceed IFP on appeal if
she is unable to pay the costs of the appeal and the appeal is
taken in good faith, i.e., the appeal presents nonfrivolous

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No. 04-50349
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issues. FED. R. APP. P. 24(a)(1); see Holmes v. Hardy, 852 F.2d
151, 153 (5th Cir. 1988). Fields has failed to demonstrate that
her appeal would involve nonfrivolous issues. Her motion for IFP
is therefore denied and her appeal dismissed. See Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2. All
outstanding motions are denied as moot.
IFP DENIED; APPEAL DISMISSED; ALL OUTSTANDING MOTIONS
DENIED.

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