Background
Dmt MacTruong sought to proceed in forma pauperis on appeal from a dismissal of his civil action in the United States District Court for the Western District of Texas. In his appellate brief, he renewed substantive claims, challenged copyright and standing determinations, and contended the lower court failed to make true findings of fact or reasonable conclusions of law.
The court’s reasoning
The court found that MacTruong did not specifically challenge the basis for the dismissal, which was that his claims were duplicative and had already been unsuccessfully raised. Consequently, the court held that he abandoned any challenge to the basis for the decision and failed to demonstrate a nonfrivolous issue for appeal. The court also noted that MacTruong had not heeded a previous sanction warning against filings containing abusive, disparaging, or contemptuous language.
What it means going forward
The appeal is dismissed, and the appellant is prohibited from filing future pro se civil appeals in the Fifth Circuit or pro se initial civil pleadings in any court under its jurisdiction without advance written permission from a judge.
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