Conference Calendar FRANK HERRERA v. GREG ABBOTT, Texas State Attorney General

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-50688
Conference Calendar
FRANK HERRERA
Plaintiff-Appellant
v.
GREG ABBOTT, Texas State Attorney General; TEXAS STATE BOARD OF
PLUMBING EXAMINERS; CITY OF SAN ANTONIO, Redevelopment Services;
FLORENCIO MORENO; NORMA MORENO; HILARIO TORRES; TERESA
TORRES
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:07-CV-257
Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
PER CURIAM:*
Frank Herrera moves this court for leave to proceed in forma pauperis
(IFP) on appeal from the underlying denial of his IFP motion based on the
determination that his proposed 42 U.S.C. § 1983 complaint was time-barred
and substantively without merit. By so moving, Herrera challenges the district
United States Court of Appeals
Fifth Circuit
F I L E D
December 11, 2007
Charles R. Fulbruge III
Clerk

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No. 07-50688
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court’s certification that his appeal is not taken in good faith. See Baugh v.
Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
Herrera’s appellate IFP motion is restricted to the argument that he is
entitled to proceed IFP because he is a pauper. He has waived any argument
challenging the district court’s certification that his appeal is not taken in good
faith, as well as any challenge to the reasons for the district court’s underlying
denial of his initial IFP motion filed jointly with his proposed § 1983 complaint,
by failing to brief them. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.
1993). He has thus abandoned the only grounds for appeal. Id. The appeal is
wholly without arguable merit and is therefore dismissed as frivolous. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2; see also
Baugh, 117 F.3d at 202 n.24. Herrera’s IFP motion is denied, as is his motion
for the appointment of counsel. The motion for the temporary reinstatement of
his Texas master plumber’s license is similarly denied.
MOTIONS DENIED; APPEAL DISMISSED.

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