Turner v. Texas Board of Pardons
Turner v. Texas Board of Pardons
Opinion
Clentis L. Turner, Texas prisoner #498120, has filed a motion for leave to proceed in forma pauperis (IFP) on appeal, following the district court’s dismissal of his 42 U.S.C. § 1983 civil rights action. By moving for IFP status, Turner 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).
As Turner has not identified a nonfrivolous issue for appeal, his request for IFP status is DENIED, and his appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 & n. 24; 5th Cir. R. 42.2. The dismissal of this appeal as frivolous counts as a “strike” for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 385-87 (5th Cir. 1996). Turner therefore has two “strikes” under 28 U.S.C. § 1915(g), including the one imposed by the district court. Turner is warned that if he accumulates three “strikes” pursuant to 28 U.S.C. § 1915(g), 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 *99 imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).
IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS; STRIKE 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.