History
  • No items yet
midpage
United States v. Samuel Adams
690 F. App'x 222
| 5th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before OWEN, ELROD, and COSTA, Circuit Judges.

PER CURIAM: [*]

Samuel Philip Adams, now federal prisoner # 31576-380, was convicted of possession of child pornography. He filed a motion in the district court styled, “Pro-Se Motion to Reverse ‘Void’ Federal Judgment/Conviction to Correct a ‘Manifest Injustice’ and Plain Error, Pursuant to Federal Rules of Criminal Procedure, Rule 52(b).” The district court denied the motion as meaningless and unauthorized and because it lacked jurisdiction. It *2 Case: 16-50678 Document: 00514020291 Page: 2 Date Filed: 06/05/2017

No. 16-50678

decertified Adams’s in forma pauperis (IFP) status. Adams has applied in this court for leave to proceed IFP.

Adams asserts that the federal court had jurisdiction to reach his constitutional claims because he has a First Amendment right to petition the court for relief. Adams has not shown that his appeal involves legal points arguable on their merits. See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997); Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983). We deny the motion for leave to proceed IFP on appeal and dismiss the appeal as frivolous. See Baugh , 117 F.3d at 202 n.24; 5 TH C IR . R. 42.2.

MOTION FOR LEAVE TO PROCEED IFP DENIED; APPEAL DISMISSED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Samuel Adams
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jun 5, 2017
Citation: 690 F. App'x 222
Docket Number: 16-50678 Summary Calendar
Court Abbreviation: 5th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.