IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-20577 Summary Calendar

MARTIN T. FRANCO, JR.,

Plaintiff-Appellant,

versus

MR. WILLIAMS, Pack Two Unit; CLEMENTS UNIT; MS. LYDA, Huntsville Unit; DARRINGTON UNIT; MARK W. MICHAEL UNIT; MR. REYES, H.H. Coffield Unit; MR. ADAMS, James A. Ferguson Unit; MR. WEST, French M. Robertson Unit; CHARLES T. TERRELL UNIT; MR. DEAN, George J. Beto One Unit; JAMES A. ALLRED UNIT; ALFRED D. HUGHES UNIT; RAMSEY ONE UNIT,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Texas USDC No. H-02-CV-1171

October 17, 2002

Before GARWOOD, JOLLY, and SMITH, Circuit Judges. PER CURIAM:*

Martin T. Franco, Jr. (Franco), Texas prisoner #490569,

appeals the district court’s dismissal of his

* 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 R.47.5 the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. complaint. The district court dismissed the complaint because it

was filed in violation of district court sanction orders.

Although we construe the briefs of pro se litigants liberally,

see Al-Ra’id v. Ingle,

(5th Cir. 1995), Franco has

provided no understandable argument on the issue of whether the

district court erred in dismissing his suit on account of the

sanction orders. He has, therefore, waived the only issue for

appeal.

This appeal is without merit and frivolous, see Howard v.

King,

(5th Cir. 1983), and is therefore

DISMISSED. See 5TH CIR. R. 42.2. This court’s dismissal as

frivolous also constitutes one strike for purposes of the three-

strikes provision of the Prison Litigation Reform Act of 1995. See

(g); see Adepegba v. Hammons,

(5th Cir. 1996) (“[B]oth the frivolous appeal and a lower court’s

dismissal as frivolous count.”). Franco is WARNED that if he

accumulates three strikes he will be unable to proceed in forma

pauperis in any civil action or appeal while he is incarcerated or

detained in any facility, unless he is under imminent danger of

serious physical injury. See

(g).

APPEAL DISMISSED;

(g) SANCTION WARNING ISSUED.

2