Sossamon v. Cook

Summary

The Fifth Circuit denied Harvey Leroy Sossamon's motion to proceed in forma pauperis and dismissed his appeal as frivolous. The court held that the disciplinary punishments imposed did not create a constitutionally protected liberty interest, rejected his discovery argument, deemed his Religious Land Use and Institutionalized Persons Act claim waived, and counted the district court and appellate dismissals as strikes under 28 U.S.C. § 1915(g).

Holdings

1. Sossamon's appeal lacked arguable merit and was frivolous; therefore, leave to proceed in forma pauperis on appeal was denied and the appeal was dismissed.
2. A punishment limited to 15 days of commissary and cell restrictions does not give rise to a constitutionally protected liberty interest.
3. Dismissal as frivolous was proper without allowing discovery because no facts that could have been developed through discovery would overcome the absence of a constitutionally protected liberty interest.
4. Sossamon waived the issue whether the defendants violated his rights under RLUIPA by failing to provide legal or factual analysis of that issue in his IFP motion.
5. The district court's dismissal as frivolous and the Fifth Circuit's dismissal of the appeal counted as strikes for purposes of 28 U.S.C. § 1915(g).

Questions Presented

1. Whether Sossamon's appeal presented legal points arguable on their merits so that he could proceed in forma pauperis.
2. Whether the disciplinary punishment imposed a constitutionally protected liberty interest requiring the procedural protections recognized in Wolff v. McDonnell.
3. Whether dismissal as frivolous was improper because Sossamon had not been allowed discovery.
4. Whether Sossamon waived his RLUIPA claim by failing to provide legal or factual analysis in his IFP motion.

Disposition

dismissed