Addicks v. Myers

U.S. Court of Appeals for the Fifth Circuit
Addicks v. Myers, 87 F. App'x 383 (5th Cir. 2004)
Emilio, Garza, Higginbotham, Per Curiam, Prado

Addicks v. Myers

Opinion

PER CURIAM. *

Roy Edwards Addicks, Jr., Texas prisoner # 861070, has filed a motion to proceed in forma pauperis (IFP) on appeal from the district court’s dismissal of his 42 U.S.C. § 1983 complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). By moving for IFP, Addicks is challenging the district court’s certification that IFP status should not be granted on appeal because his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). Because Addicks presents no nonfrivolous issue for appeal, his motion for IFP is DENIED, and the appeal is DISMISSED. See Baugh 117 F.3d at 202 and n. 24; 5th Cir. R. 42.2.

*384 Both the district court’s dismissal of Ad-dicks’ complaint and this court’s dismissal of this appeal count as “strikes” for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 385-87 (5th Cir. 1996). We caution Addicks that once he accumulates three strikes, he may not 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 28 U.S.C. § 1915(g).

MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTIONS WARNING ISSUED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
Roy Edwards ADDICKS, Jr., Plaintiff-Appellant, v. T. MYERS; Tina S. Vitoli; Richard E. Wathen; M. Munsch; John Guinn; Vikki D. Ivey; S.O. Woods; Jason T. Heaton; Thomas R. Smyth; Mark Canedo; Rusing; Robert J. Parker; Herman Weston, Jr.; Jimmy S. Webb; Kenneth L. Bright; Jimmy O. Bowman; Janie Cockrell; Susan Schumacher; Robert R. Treon; Billy W. Bennett; Texas Department of Criminal Justice—Institutional Division Officials, Office Staff; Reception and Diagnostic Center Classification Committee; Garza West Transfer Facility, Unit Classification Committee; Goree Unit Classification; State Classification Committee; Gary Johnson; Wayne Scott, Defendants-Appellees
Status
Unpublished