David Hernandez v. Brad Livingston

PER CURIAM: *

David Lightfoot Hernandez, Texas prisoner #458230, seeks leave to proceed in forma pauperis (IFP) on appeal of the district court’s dismissal of his 42 U.S.C. § 1983 action as frivolous and for failure to state a claim upon which relief may be granted. By moving for leave to proceed IFP, Hernandez is challenging the district court’s certification that his appeal is not taken in good faith because it is frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir.1997); 28 U.S.C. § 1915(a)(3); Fed. R.App. P. 24(a)(5).

Hernandez argues that the district court did not properly consider…