IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40723 Summary Calendar

MITCHELL PITIE, also known as Mitchell Pitre,

Plaintiff-Appellant,

versus

T. SIMPSON,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. C-99-CV-117 - - - - - - - - - -

November 8, 1999

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

Mitchell Pitie, Texas prisoner # 593925, seeks to appeal in

forma pauperis (IFP) the dismissal of his civil rights complaint

under the “three strikes” provision of

(g).

Pitre does not challenge the district court’s determination that,

on at least three prior occasions while incarcerated, he has

brought an action or appeal in a United States court that has

been dismissed as frivolous and/or for failure to state a claim.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-40723 -2-

Instead, he argues that he falls within the “imminent danger”

exception of § 1915(g).

A review of the record and Pitie’s appellate brief reveals

that he has failed to establish that he was “under imminent

danger of serious physical injury” at the time that he filed his

action or his notice of appeal. See

(g); Baños

v. O’Guin,

(5th Cir. 1998). Accordingly, his

request for IFP is DENIED, and his appeal is DISMISSED. See

Should Pitie wish to reinstate his appeal, he has 30 days from

the date of this opinion to pay the full appellate filing fee to

the clerk of the district court. See

IFP DENIED. APPEAL DISMISSED.