Aggressive Opinions from the Fifth Circuit are on the rise in 2018 as they seek to clear the docket for another year.
In this particular Opinion, it’s spits out that the litigant is not going to receive free filing due to being IFP, but instead Cervantes is seen as filing a frivilous lawsuit.
Cervantes seems to have had valid arguments, he just didn’t have the legal knowledge to frame it correctly – in particular with regards to the trustee named Youngblood. His lack of legal assistance and knowledge resulted in the Fifth slaughtering him publicly, and again, with malice.
“Alessandro Cervantes appeals the district court’s dismissal of his suit as barred by res judicata and requests permission to appeal in forma pauperis (“IFP”). Because Cervantes does not raise any non-frivolous issues, we deny the IFP motion and dismiss the appeal. “
Panel consisted of: DAVIS, HAYNES & GRAVES