IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-60568 Conference Calendar

CHARLIE TAYLOR,

Plaintiff-Appellant,

versus

LUTHER T. BRANTLEY, III,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:01-CV-222 --------------------

February 21, 2002

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Charlie L. Taylor, Mississippi prisoner # R6798, filed an in

forma pauperis (IFP) complaint under

alleging

that the Executive Director of the Mississippi Commission on

Judicial Performance wrongly dismissed complaints filed against

the state judge presiding over Taylor’s convictions. The

district court dismissed the complaint as frivolous under

(e)(2)(B)(i). The district court found that

Taylor’s complaint did not allege a violation of the federal

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-60568 -2-

constitution and was premature under Heck v. Humphrey,

(1994). The district court’s dismissal as frivolous

of Taylor’s complaint was not an abuse of discretion. Black v.

Warren,

(5th Cir. 1988); Norton v. Dimazana,

(5th Cir. 1997). We hold that the appeal is

without arguable merit, and it is DISMISSED AS FRIVOLOUS. See

Howard v. King,

(5th Cir. 1983); 5TH CIR. R.

42.2.

Taylor filed a motion seeking to supplement the record with

matter irrelevant to the appeal. The motion is DENIED.

Taylor has accumulated one strike in Taylor v. Noblin, No.

60698 (5th Cir. Feb. 19, 2002)(unpublished). The dismissals of

this complaint and appeal count as two more strikes for purposes

of

(g). See Adepegba v. Hammons,

(5th Cir. 1996). Taylor may no longer 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).

APPEAL DISMISSED AS FRIVOLOUS; MOTION DENIED; SANCTIONS

IMPOSED.