IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-40182 Conference Calendar

JAMES ISHMAEL TIBBS,

Plaintiff-Appellant,

versus

D. MARTIN, Officer at Telford Unit; J. MAIDENS, Lieutenant at Telford Unit; HASSAL, Captain at Telford Unit; THALAND, Sergeant at Telford Unit,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 5:96-CV-354 - - - - - - - - - - April 8, 1998

Before JOLLY, JONES, and DUHÉ, Circuit Judges.

PER CURIAM:*

The district court granted James Ishmael Tibbs, Texas

prisoner # 702590, leave to proceed in forma pauperis (IFP) on

appeal from the district court’s dismissal of his

complaint as frivolous. However, a prisoner may not

bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-40182 -2-

malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.

(g). We previously noted that Tibbs had at least

three strikes against him prior to the district court’s granting

Tibbs leave to proceed IFP on this appeal. See Tibbs v. Texas

Dep’t of Criminal Justice, No. 97-40079 (5th Cir. Oct. 23,

1997)(unpublished)(stating that Tibbs had filed 3 or more

lawsuits that were dismissed as frivolous, malicious, or for

failure to state a claim and notifying Tibbs that he would no

longer be able to proceed IFP); Adepegba v. Hammons,

(5th Cir. 1996). Therefore, except for cases

involving an imminent danger of serious physical injury, Tibbs

may not proceed IFP. This appeal is DISMISSED. Tibbs may

reinstate this appeal by paying the full appellate filing fee of

$105 to the clerk of the district court within 30 days from the

date of this opinion.

DISMISSED.