Bradley v. Bradford
Bradley v. Bradford
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 98-21075 Conference Calendar
MERIA JAMES BRADLEY,
Plaintiff-Appellant,
versus
CLARENCE O’NEAL BRADFORD; JOHN B. HOLMES; FRANK F. GASHIEN; REO HARRIS, JR.,
Defendants-Appellees.
- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-2242 - - - - - - - - - -
December 16, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Meria James Bradley, Texas prisoner # 698112, appeals the
dismissal of his
42 U.S.C. § 1983complaint as frivolous. See
28 U.S.C. § 1915(e)(2)(B)(i). Bradley has failed to meet the
requirements of Heck v. Humphrey,
512 U.S. 477, 486-87(1994),
and thus his complaint is barred. Accordingly, Bradley’s appeal
is DISMISSED as frivolous. See 5th Cir. R. 42.2.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-21075 -2-
The district court’s dismissal counts as a strike against
Bradley. See Adepegba v. Hammons,
103 F.3d 383, 387(5th Cir.
1996). This court’s dismissal of the appeal as frivolous counts
as another strike.
Id.Should Bradley accumulate three strikes,
he may not proceed in forma pauperis in any civil action or
appeal filed while he is incarcerated or detained in any facility
unless he is in imminent danger of serious physical injury. See
28 U.S.C. § 1915(g). Bradley is cautioned to review any pending
appeals to ensure that they do not raise frivolous issues.
APPEAL DISMISSED AS FRIVOLOUS; SANCTIONS WARNING ISSUED.
Reference
- Status
- Unpublished