Clarence H. Hailes v. The Equitable Life Assurance Society of the United States

BY THE COURT: IT IS ORDERED that leave to appeal in forma pauperis be withdrawn. A review of the trial transcript, shows that the legal points presented lack arguable merit and are therefore frivolous. McFadden v. Lucas, 713 F.2d 143, 145 (5th Cir.), cert. denied, — U.S. -, 104 S.Ct. 499, 78 L.Ed.2d 691 (1983); Howard v. King, 707 F.2d 215, 220 (5th Cir.1983). Hailes’ claim of sex-based discrimination in employment of secretaries is, as the transcript shows, the product of a project to obtain a lawsuit — not a secretarial position. See Banks v. Heun-Norwood Division of Mogul Corp., (E.D.Mo.1977), 428 F.Supp. 104, aff'd, 566 F.2d 1073 (8th Cir.1977). *1038 IT IS FURTHER ORDERED that leave to appeal in forma pauperis be DENIED and the appeal is hereby DISMISSED as frivolous under Local Rule 42.2.