Marvin Waddleton, III v. Norris Jackson
680 F. App'x 351
| 5th Cir. | 2017Background
- Marvin Waddleton, III (Texas prisoner) filed a § 1983 suit previously dismissed; this court affirmed that dismissal in 2013.
- In May 2015 Waddleton sought leave to file a Rule 60(b) motion in district court to revisit Fourth Amendment claims, citing Tolan v. Cotton.
- Waddleton moved for leave to proceed in forma pauperis (IFP) on appeal to this Court and also filed an IFP motion in the district court.
- The district court denied IFP, certified the appeal as not taken in good faith, and Waddleton appealed that certification; the appeals were consolidated.
- Waddleton also sought a nunc pro tunc correction of district court docket dates for a prior appeal; the court denied that motion because the docket reflected receipt dates, not circuit dates.
- The Fifth Circuit found Waddleton raised no nonfrivolous grounds to challenge the orders before it, denied IFP, dismissed the appeal as frivolous, and noted the dismissal counts as a strike under 28 U.S.C. § 1915(g).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Leave to proceed IFP on appeal | Waddleton contended the district court erred and should allow renewed Rule 60(b) in light of Tolan | Court/defendant maintained Waddleton raised no nonfrivolous challenge to the district court orders | IFP denied; appeal dismissed as frivolous |
| Rule 60(b) relief / impact of Tolan | Argued Tolan required reconsideration of summary judgment disposition of Fourth Amendment claims | District court’s prior disposition stood; no basis for new Rule 60(b) relief on these facts | Court found no meritorious basis to reopen; arguments were frivolous |
| Nunc pro tunc correction of docket | Sought correction of district court docket dates for prior opinion and mandate | District court explained docket entries reflect receipt dates from this Court, not Circuit issuance dates | Motion denied |
| § 1915(g) strikes effect | N/A (procedural consequence) | Court noted prior strikes and warned about third-strike bar to IFP absent imminent danger | Dismissal counts as a strike; warned prisoner about § 1915(g) consequences |
Key Cases Cited
- Tolan v. Cotton, 134 S. Ct. 1861 (2014) (Supreme Court decision clarifying summary-judgment review of qualified-immunity/ Fourth Amendment factual disputes)
- Howard v. King, 707 F.2d 215 (5th Cir. 1983) (standard for finding appellate filings nonfrivolous for IFP purposes)
- Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997) (authority for dismissal of frivolous appeals)
- Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996) (holding that frivolous-appeal dismissals count as strikes under § 1915(g))