Dilworth v. Vance

U.S. Court of Appeals for the Fifth Circuit

Dilworth v. Vance

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-40842 Conference Calendar

RODNEY JAMES DILWORTH,

Plaintiff-Appellant,

versus

FNU VANCE, Officer; S. SIMON, Officer; P. JOHNSON, Officer; T. BOOTHER, Officer; FNU CUNDIFF, Officer; JERRY BALLARD, Officer; ROBERT RHODES, Officer; JOHN DOES, Officers;

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:94-CV-275 -------------------- December 13, 2000

Before DAVIS, STEWART, and PARKER, Circuit Judges.

PER CURIAM:*

Rodney James Dilworth, Texas inmate # 632515, appeals the

take-nothing judgment in his civil rights suit filed pursuant to

42 U.S.C. § 1983

. Dilworth had at least three “strikes” within

the meaning of

28 U.S.C. § 1915

(g) when he filed the instant

notice of appeal, and he did not argue that he was under imminent

danger of serious physical injury. Dilworth is therefore barred

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-40842 -2-

from proceeding in forma pauperis (IFP) under

28 U.S.C. § 1915

(g). Accordingly, the district court’s order allowing

Dilworth to proceed IFP on appeal is RESCINDED as improvidently

granted. Dilworth has fifteen days to pay the full $105 filing

fee or risk dismissal of his appeal for want of prosecution. See

5TH CIR. R. 42.3.1.2.

Reference

Status
Unpublished