IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-20942 Summary Calendar

CHARLES B. WILLIAMS,

Plaintiff-Appellant,

versus

M. LOPEZ,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-99-CV-3477 -------------------- September 30, 2002

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

Prisoner Charles B. Williams appeals the district court’s

dismissal of his pro se, in forma pauperis

complaint as barred by the statute of limitations. A district

court may dismiss a civil rights complaint sua sponte under

when the complaint demonstrates that the claims

asserted are barred by the applicable statute of limitations.1

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1 Moore v. McDonald,

(5th Cir. 1994). This litigation is governed by the Texas personal injury

limitations period, which is two years, and federal law determines

when the cause of action accrued.2

Williams’ cause of action accrued, at the latest, in June

1997, when he knew or had reason to know of the injury which forms

the basis of his complaint.3 Since Williams did not file his

complaint within two years of June 1997, the district court did not

abuse its discretion in dismissing Williams’ complaint as barred by

the statute of limitations.4

For purposes of the “three-strikes” provision of

(g), Williams had one strike prior to this proceeding. The

district court’s dismissal of Williams’ complaint counts as an

additional strike, and this dismissal counts as a third strike.5

Accordingly, Williams is warned that he may not proceed in forma

pauperis 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.6

2 Gartrell v. Gaylor,

(5th Cir. 1993).

3 See Piotrowski v. City of Houston,

(5th Cir. 1995). 4 See Moore,

(5th Cir. 1994).

5 See Adepegba v. Hammons,

(5th Cir. 1996). 6 See

(g).

2 APPEAL DISMISSED;

(g) BAR IMPOSED. See 5th

Cir. R.42.2.

3