Bartley v. Stalder

U.S. Court of Appeals for the Fifth Circuit

Bartley v. Stalder

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-30609 Conference Calendar

PERCY BARTLEY,

Plaintiff-Appellant,

versus

RICHARD L. STALDER; ELLA L. FLETCHER; JOHN P. WHITLEY, Warden; LOUISIANA STATE PENITENTIARY; EDMUNDO GUTIERREZ,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana USDC No. 94-CV-2714 - - - - - - - - - - April 9, 1998

Before JOLLY, JONES, and DUHÉ, Circuit Judges.

PER CURIAM:*

Percy Bartley, a Louisiana inmate (# 76966), is BARRED from

proceeding in forma pauperis (“IFP”) under the Prison Litigation

Reform Act of 1995 (“PLRA”) because, on at least three prior

occasions while incarcerated, Bartley has brought an action or

appeal in a United States court that was dismissed as frivolous.

See Bartley v. Sullivan, No. 96-30852 (5th Cir. Jan. 7, 1997) (unpublished; appeal of dismissal of

civil rights complaint as

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 96-30609 -2-

frivolous under

28 U.S.C. § 1915

(d)); Bartley v. Stalder, No. 96-30039 (5th Cir. Apr. 17, 1996)

(unpublished; dismissal of appeal as frivolous, following dismissal of civil rights complaint as

frivolous);

28 U.S.C. § 1915

(g); Adepegba v. Hammons,

103 F.3d 383, 388

(5th Cir. 1996). Bartley may not proceed IFP in any civil

action or appeal filed while he is in prison unless he is under

imminent danger of serious physical injury.

28 U.S.C. § 1915

(g). Bartley’s motion to proceed IFP on appeal is DENIED,

and the appeal is DISMISSED.

Bartley has 15 days from the date of this opinion to pay the full appellate filing fee of $105 to the clerk of the district

court, should he wish to reinstate his appeal.

IFP MOTION DENIED; APPEAL DISMISSED.

Reference

Status
Unpublished