Case Explained: Summary Calendar Terrence M. Gore Plaintiff— v. City of DeSoto, Texas; Rachel L. Proctor, in her individual/official capacity as Mayor; Andre Byrd, Sr., in his individual/official capacity as City Councilman; Joseph Gorfida, in his individual/official capacity as City Attorney Defendants—

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-07-14

The fifth-circuit dismissed the appellant’s appeal regarding the denial of a temporary restraining order due to lack of appellate jurisdiction, as such orders are not immediately appealable under 28 U.S.C. § 1292. The court granted the plaintiff’s motion to proceed in forma pauperis (IFP) on appeal, finding that the district court’s determination of financial ineligibility was erroneous because the plaintiff demonstrated that paying the filing fee would deprive him of life’s necessities and impede his ability to support himself and his dependents. Consequently, the court vacated the district court’s order denying IFP status and dismissing the complaint without prejudice for failure to pay the filing fee, remanding the case for further proceedings consistent with this opinion.

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