IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-41031 Conference Calendar

FELIX AARON MILLER,

Plaintiff-Appellant,

versus

KAY SHIRLEY,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:00-CV-211 -------------------- December 13, 2000

Before DAVIS, STEWART, and PARKER, Circuit Judges.

PER CURIAM:*

Felix Miller, Texas prisoner # 555749, appeals the district

court’s dismissal without prejudice of his

complaint for failure to exhaust administrative remedies. Miller

argues the merits of his § 1983 claims but does not address the

district court’s dismissal for failure to exhaust. He has thus

abandoned the exhaustion issue on appeal. See Yohey v. Collins,

(5th Cir. 1993).

Because Miller fails to address the only issue on appeal,

his appeal lacks arguable merit, and the appeal is therefore

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-41031 -2-

DISMISSED AS FRIVOLOUS. See Howard v. King,

(5th Cir. 1983); 5th Cir. R. 42.2.

Miller has more than three-strikes against him, and, after

Miller sought in forma pauperis status for his current appeal,

the three-strikes bar of

(g) was imposed against

him in a previous appeal. See Miller v. Lloyd, No. 00-10625 (5th

Cir. Oct. 17, 2000) (unpublished). We remind Miller that he

cannot proceed in forma pauperis in the district court or on

appeal except in cases in which he is under imminent danger of

serious physical injury. See § 1915(g); Adepegba v. Hammons,

(5th Cir. 1996).

DISMISSED AS FRIVOLOUS.