IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-20978 Conference Calendar

STEVEN E. DANIEL,

Plaintiff-Appellant,

versus

JOHN E. SCHEINER; DALE A. WATKINS; TRACY D. PUCKETT; JOHN C. POGUE; RANDY HEALY; DERICK VAN BUREN; MELISSA FRANKS; ROD K. MCCOY; MICHAEL BUTCHER; MARK BISCAMP; KIMBERLY A. SAUNDERS; PATSY PIPKIN,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-99-CV-1601 - - - - - - - - - -

December 16, 1999

Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Plaintiff-Appellant Steven E. Daniel, Texas prisoner

#450142, seeks leave to proceed in forma pauperis (IFP),

following the district court’s certification that his appeal

from the dismissal of his civil-rights complaint was taken in

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-20978 - 2 -

bad faith.

Daniel’s motion for appointment of counsel is DENIED.

Daniel cannot show that the district court abused its

discretion when it dismissed his complaint, without prejudice,

for failure to comply with court orders. See Fed. R. Civ. P.

41(b); Larson v. Scott,

(5th Cir. 1998).

Daniel’s appeal is without arguable merit and is frivolous.

Howard v. King,

(5th Cir. 1983).

Accordingly, Daniel’s IFP motion is DENIED and the appeal is

DISMISSED. 5TH CIR. R. 42.2. Our dismissal of this appeal counts

as a strike against Daniel for purposes of

(g).

We caution Daniel that once he accumulates three strikes, he may

not proceed IFP in any civil action or appeal filed while he is

incarcerated or detained in any facility unless he is under

imminent danger of serious physical injury. See

(g).

IFP DENIED; APPEAL DISMISSED; SANCTION WARNING ISSUED.

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