IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-30397 Conference Calendar

DELVIN CRAIN,

Plaintiff-Appellant,

versus

CHARLES C. FOTI, JR.,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 00-CV-3776-E - - - - - - - - - - October 26, 2001

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Delvin Crain, Louisiana prisoner # 91405, appeals the

district court’s denial of his motion to proceed in forma

pauperis (IFP) on appeal following the dismissal of his

action as time-barred. By moving for IFP status, Crain is

challenging the district court’s certification that IFP status

should not be granted on appeal because his appeal is frivolous

and is not taken in good faith. See Baugh v. Taylor,

(5th Cir. 1997).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-30397 -2-

Crain has failed to present a nonfrivolous issue for appeal.

Accordingly, the district court’s order certifying that the

appeal is frivolous is upheld. Crain’s request for IFP status is

DENIED, his motion entitled “writ of certiorari” is DENIED, and

his appeal is DISMISSED as frivolous. See Baugh,

& n.24; 5TH CIR. R. 42.2.

The dismissal of this appeal as frivolous counts as a

“strike” for purposes of

(g), as does the

district court’s dismissal. See Adepegba v. Hammons,

(5th Cir. 1996). Crain is warned that if he

accumulates one more “strike” pursuant to

(g), he

may not be able to proceed IFP in any civil action or appeal

filed while he is incarcerated or detained in any facility unless

he is under imminent danger of serious physical injury. See

(g).

MOTIONS DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTIONS

WARNING ISSUED.