Sosa v. Johnson

U.S. Court of Appeals for the Fifth Circuit

Sosa v. Johnson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-10571 Conference Calendar

THOMAS SOSA,

Plaintiff-Appellant,

versus

NFN JOHNSON,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 2:99-CV-393 -------------------- December 13, 2000

Before DAVIS, STEWART, and PARKER, Circuit Judges.

PER CURIAM:*

Thomas Sosa (TDCJ # 668562) has, on at least three prior

occasions, filed in forma pauperis (IFP) complaints that have

been dismissed as frivolous or for failure to state a claim. See

Sosa v. Doe, No. 99-41101 (5th Cir. Mar. 16, 2000). Sosa is thus

BARRED from proceeding IFP in any civil action or appeal filed

while he is in prison unless he is under imminent danger of

serious physical injury. See

28 U.S.C. § 1915

(g). Sosa has

failed to establish any such danger.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-10571 -2-

Therefore, Sosa’s leave to proceed IFP on appeal is

DECERTIFIED. The appeal is DISMISSED. Sosa may seek to

reinstate the appeal by paying the full appellate filing fee of

$105 to the clerk of the district court within 15 days of the

date of this opinion.

IFP DECERTIFIED; APPEAL DISMISSED; THREE-STRIKES BAR

IMPOSED.

Reference

Status
Unpublished