Young v. Jenkins
Opinion
Brian Young, Mississippi prisoner No. L0787, moves this court to appoint appellate counsel. The motion is denied. Young has appealed the dismissal of his in forma pauperis (IFP) civil rights complaint pursuant to 28 U.S.C. § 1915(e) (2) (B) (ii). The district court held that Young’s complaint failed to state a claim on which relief may be granted because his claims are barred by the doctrine of by Heck v. Humphrey. ** Young has failed to show that the district court erred in determining that a judgment in Young’s favor would necessarily implicate the validity of his conviction and sentence. Accordingly, we affirm the dismissal of the complaint.
The district court’s dismissal of the complaint and this court’s affirmance of the dismissal count as one strike against Young for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Young is warned that, should he accumulate three strikes, he will be barred from proceeding 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 28 U.S.C. § 1915(g).
*591 AFFIRMED; MOTION FOR APPOINTMENT OF COUNSEL DENIED; SANCTIONS WARNING ISSUED.
Reference
- Full Case Name
- Brian A. YOUNG, Plaintiff-Appellant, v. Shelia JENKINS, Homicide Detective, in Her Individual and Official Capacity, Defendant-Appellee
- Status
- Unpublished