U.S. Court of Appeals for the Fifth Circuit

Johnson v. Cortez

August 24, 2026

Summary

The court denied the prisoners’ motions to proceed in forma pauperis because they did not show that their appeal presented a nonfrivolous issue. Their failure to meaningfully challenge the dismissal of their complaint meant that the appeal lacked arguable merit and was dismissed as frivolous. The district-court dismissal and appellate dismissal were counted as strikes under the prisoner-litigation statute, and both prisoners were warned about the consequences of accumulating three strikes.