Myron Eldon BUTLER, Plaintiff-Appellant v. W.A. PENDERGRAFF, Law Library Supervisor, Luther Unit, Defendant-Appellee.
No. 11-20245
United States Court of Appeals, Fifth Circuit.
July 26, 2011.
435 Fed. Appx. 377
Summary Calendar. Myron Eldon Butler, Navasota, TX, pro se. Before BENAVIDES, STEWART, and CLEMENT, Circuit Judges.
Myron Butler, Texas prisoner # 1147687, has applied for leave to proceed in forma pauperis (IFP) in this appeal from the district court’s order denying his motion for a change of venue. The district court denied the motion because the un
By moving to proceed IFP, Butler is challenging the district court’s certification that his appeal is not taken in good faith. Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir.1997). Thus, his request “must be directed solely to the trial court’s reasons for the certification decision.” Id. This court’s inquiry into a litigant’s good faith “is limited to whether the appeal involves ‘legal points arguable on their merits (and therefore not frivolous).’” Howard v. King, 707 F.2d 215, 220 (5th Cir.1983).
Under
Butler does not state, and the record does not reflect, that his health problems have anything to do with the denial-of-access-to-the-courts claim asserted in his original complaint. See Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir.1996) (to proceed IFP, civil rights claims of prisoner subject to statutory sanction must be related to imminent danger of serious physical injury). Because Butler has not shown that he wishes to raise a nonfrivolous issue with respect to the district court’s order requiring him to pay the appellate filing fee or with respect to its order dismissing the motion for change of venue, his request for leave to proceed IFP on appeal is DENIED. See Baugh, 117 F.3d at 202; Howard, 707 F.2d at 220. Because the appeal is frivolous, it is DISMISSED. See Baugh, 117 F.3d at 202 n. 24;