U.S. Court of Appeals for the Fifth Circuit, 2000

Rieck v. TX Bd of Pardons

Rieck v. TX Bd of Pardons
U.S. Court of Appeals for the Fifth Circuit · Decided June 19, 2000

Rieck v. TX Bd of Pardons

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-41153 Conference Calendar

GEORGE WILLIAM RIECK, JR., TCCC No. 99-4696, Plaintiff-Appellant, versus TEXAS BOARD OF PARDONS AND PAROLES; WAYNE SCOTT, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. V-99-CV-38 - - - - - - - - - - June 13, 2000 Before JOLLY, DAVIS, and STEWART, Circuit Judges.

PER CURIAM:* George William Rieck, Jr., Texas prisoner # 654389, is BARRED from proceeding in forma pauperis (IFP) under the Prison Litigation Reform Act, 28 U.S.C. § 1915(g), because, on at least three prior occasions while incarcerated, Rieck has brought an action in a court of the United States that was dismissed as frivolous or for failure to state a claim upon which relief could be granted. See Rieck v. Schnorrenburg, No. 1-97-CV-464 (W.D.

Tex. Sep. 30, 1997); Rieck v. Evans, No. 1-97-CV-477 (W.D. Tex.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-41153 -2- July 8, 1997); Rieck v. Cheshire, No. 6-95-CV-45 (S.D. Tex. June 29, 1995).

Accordingly, Rieck’s IFP status is DECERTIFIED, and he 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. See § 1915(g). His motion for a protective order is DENIED, and the appeal is DISMISSED.

IFP DECERTIFIED; MOTION DENIED; APPEAL DISMISSED.

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