Johnson v. Jackson

U.S. Court of Appeals for the Fifth Circuit

Johnson v. Jackson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-41164 Conference Calendar

DARRELL WAYNE JOHNSON,

Plaintiff-Appellant,

versus

N. JACKSON, Major; JACKSON, Miss; GROVER, Captain,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-00-CV-111 -------------------- April 10, 2001

Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM:*

Darrell Wayne Johnson appeals the dismissal of his

42 U.S.C. § 1983

suit. Johnson’s brief is inadequate as it fails to cite

to any facts or authorities supporting his claims. See Yohey v.

Collins,

985 F.2d 222, 224-25

(5th Cir. 1993) (failure to brief

issue adequately, even by pro se appellant, constitutes

abandonment of claim). Further, he fails to demonstrate how the

purported deletion of his mental status from Texas prison records

violates any federal constitutional or statutory rights.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-41164 -2-

For the foregoing reasons, we dismiss Johnson’s appeal as

frivolous. See Howard v. King,

707 F.2d 215, 220

(5th Cir.

1983). The magistrate judge’s dismissal of Johnson’s complaint

and this court’s dismissal of the appeal as frivolous count as

two “strikes” for purposes of

28 U.S.C. § 1915

(g). See Adepegba

v. Hammons,

103 F.3d 383, 385-87

(5th Cir. 1996). The district

court also dismissed a prior

42 U.S.C. § 1983

action by Johnson

as frivolous. See Johnson v. Weseman, No. C-00-280 (S.D. Tex.

Sept. 13, 2000). Thus, Johnson has three “strikes” and is now

barred from proceeding in forma pauperis pursuant to

28 U.S.C. § 1915

while he is incarcerated or detained in any facility

unless he is under imminent danger of serious physical injury.

APPEAL DISMISSED;

28 U.S.C. § 1915

(g) BAR ORDERED.

Reference

Status
Unpublished