Sheppard v. Dewberry

Summary

The Fifth Circuit dismissed Curtis Lee Sheppard’s appeal for lack of jurisdiction because the challenged order denying a motion for default judgment was interlocutory and not reviewable. The court also denied his motion to proceed in forma pauperis and held that, under 28 U.S.C. § 1915(g), his prior dismissals barred him from proceeding in forma pauperis absent a showing of imminent danger of serious physical injury.

Holdings

1. The Fifth Circuit lacked jurisdiction to review the interlocutory order denying Sheppard's motion for default judgment.
2. A prisoner with at least three prior civil actions dismissed as frivolous or for failure to state a claim is barred from proceeding in forma pauperis in a civil action or appeal filed while incarcerated unless the prisoner shows imminent danger of serious physical injury.

Questions Presented

1. Whether the Fifth Circuit had jurisdiction to review an interlocutory order denying a motion for default judgment.
2. Whether Sheppard could proceed in forma pauperis on the appeal after the district court certified that the appeal was not taken in good faith and after three prior qualifying dismissals.

Disposition

dismissed