United States v. Rodriguez

19-50414Court of Appeals for the Fifth CircuitDec 7, 2020

Full text

United States Court of Appeals
for the Fifth Circuit

No. 19-50414
Summary Calendar

United States of America,

Plaintiff—Appellee,

versus

Felipe Carmona Rodriguez,

Defendant—Appellant.

Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:18-CV-58
USDC No. 2:14-CR-345-1

Before Clement, Elrod, and Haynes, Circuit Judges.
Per Curiam:*
Felipe Carmona Rodriguez, federal prisoner # 34144-380, moves this
court to proceed in forma pauperis (IFP) on appeal from the denial of motions
that he filed in his 28 U.S.C. § 2255 proceedings for IFP authorization in the

*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
December 7, 2020

Lyle W. Cayce
Clerk
Case: 19-50414 Document: 00515662885 Page: 1 Date Filed: 12/07/2020

No. 19-50414
2
district court and, relatedly, for the provision of free copies of transcripts and
other documents from the underlying criminal proceedings. By moving to
proceed IFP, Rodriguez challenges 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). As we do not have jurisdiction to review the interlocutory order
denying Rodriguez’s motions to proceed IFP in the district court and for the
provision of free copies of trial court documents, see Thompson v. Drewry, 138
F.3d 984, 985-86 (5th Cir. 1998); Askanase v. Livingwell, Inc., 981 F.2d 807,
809-10 (5th Cir. 1993), his appeal is DISMISSED FOR LACK OF
JURISDICTION. His motion to proceed IFP on appeal is DENIED.
Case: 19-50414 Document: 00515662885 Page: 2 Date Filed: 12/07/2020

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