Eddie Brown v. Theressia Lyons
690 F. App'x 872
| 5th Cir. | 2017Background
- Plaintiff Eddie Joseph Brown, a Mississippi prisoner, filed a pro se civil rights suit under 42 U.S.C. §§ 1983, 1985(2)-(3), and 1986 challenging events surrounding his 2012 state conviction.
- Brown alleged prosecutors and his defense counsel conspired to deprive him of liberty by obtaining an indictment when no grand jury was meeting.
- The district court dismissed Brown’s complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim, concluding success would imply the invalidity of his still-valid conviction, and entered dismissal with prejudice.
- The district court denied Brown leave to proceed in forma pauperis (IFP) on appeal and certified the appeal was not taken in good faith under 28 U.S.C. § 1915(a)(3).
- Brown sought IFP in the Fifth Circuit, raising (1) no substantive challenge to the district court’s Heck-bar reasoning and (2) a single argument that the district court could not dismiss sua sponte because he paid a partial filing fee.
- The Fifth Circuit denied IFP and dismissed the appeal as frivolous; both dismissals count as strikes under § 1915(g), and Brown was warned about accumulating three strikes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is taken in good faith | Brown argues his appeal should proceed IFP; he did not substantively challenge district court’s Heck-based dismissal | District court certified appeal not in good faith because claims, if successful, would imply invalidity of a valid conviction (Heck) and thus are frivolous | Appeal not taken in good faith; IFP denied and appeal dismissed as frivolous |
| Whether district court could dismiss sua sponte after partial fee payment | Brown contends dismissal was improper because he had paid a partial filing fee | Defendants point to § 1915(e)(2)(B)(ii) allowing dismissal "notwithstanding any filing fee" when complaint fails to state a claim | Argument lacks merit; statute permits dismissal at any time despite fee payment |
Key Cases Cited
- Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997) (standard for challenging district court’s good-faith certification on IFP motion)
- Howard v. King, 707 F.2d 215 (5th Cir. 1983) (good-faith inquiry asks whether appeal presents legal points arguable on their merits)
- Yohey v. Collins, 985 F.2d 222 (5th Cir. 1993) (pro se arguments must still be briefed to be preserved)
- Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996) (dismissals for frivolousness count as strikes under § 1915(g))