Knight v. Sorrells
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 23, 2026
Docket26-10092
StatusUnpublished
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Full Opinion
Case: 26-10092 Document: 47-1 Page: 1 Date Filed: 10/23/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-10092 October 23, 2026
____________
Thomas B. Plunkett, III
Clerk
Joshua Knight,
Plaintiff—Appellant,
versus
Phil Sorrells; Anthony “Neal” Maranto; DFW
International Airport; Mattie Parker; Eric Johnson, Et
al.,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:25-CV-1238
______________________________
Before Stewart, Richman, and Haynes, Circuit Judges.
Per Curiam: *
Joshua Knight, Texas prisoner # 687600, moves for leave to proceed
in forma pauperis (IFP) from the dismissal of his civil rights complaint. He
argues that the district court erred by denying leave to file a second amended
complaint and by dismissing his suit under 28 U.S.C. § 1915(e)(2)(B)(ii) and
28 U.S.C. § 1915A(b)(1) for failure to state a claim. Through his IFP motion,
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
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No. 26-10092
Knight challenges the district court’s determination that the appeal is not
taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
Our “inquiry is limited to whether the appeal involves ‘legal points arguable
on their merits (and therefore not frivolous).’” Howard v. King, 707 F.2d
215, 220 (5th Cir. 1983) (citation omitted).
Knight does not substantively attempt to show how the factual
allegations contained in his amended complaint state a valid cause of action,
nor does he cite with specificity any additional facts that he could allege to
support his claims were he granted another opportunity to amend; indeed, he
concedes that he lacks the requisite knowledge and is incapable of supporting
his claims with the necessary facts. See Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009); Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748
(5th Cir. 1987). He thus fails to identify a nonfrivolous issue for appeal. See
Howard, 707 F.2d at 220. Accordingly, the IFP motion is DENIED, and
the appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 n.24;
5th Cir. R. 42.2. Knight’s motion to suspend rules and his request for
appointment of counsel are also DENIED.
The district court’s dismissal for failure to state a claim and our
dismissal as frivolous both count as strikes for purposes of § 1915(g). See
Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996), abrogated in part on
other grounds by Coleman v. Tollefson, 575 U.S. 532, 537 (2015). Knight has
also accrued a prior strike. See Knight v. Vergas, No. 7:24-cv-284 (W.D. Tex.
Jan. 16, 2025) (unpublished). As he now has three strikes, Knight is
BARRED from proceeding IFP in any civil action or appeal filed in a court
of the United States while he is incarcerated or detained in any facility unless
he is under imminent danger of serious physical injury. See 28 U.S.C.
§ 1915(g). He is WARNED that any pending or future frivolous or
repetitive filings in this court or any court subject to this court’s jurisdiction
may subject him to additional sanctions, and he is DIRECTED to review all
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No. 26-10092
pending matters and move to dismiss any that are frivolous, repetitive, or
otherwise abusive.
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