U.S. Court of Appeals for the Fifth Circuit, 2004

Delespine v. Stringfellow

Delespine v. Stringfellow
U.S. Court of Appeals for the Fifth Circuit · Decided June 24, 2004 · Barksdale, Demoss, Clement
101 F. App'x 503

Delespine v. Stringfellow

Opinion

PER CURIAM: *

Clinton W. Delespine, Texas inmate # 187450, requests leave to proceed informa pauperis (IFP) on appeal. Delespine has not complied with 28 U.S.C. § 1915. He has not filed the prison trust fund account statement, as required for the district court to make a financial assessment for this appeal. See 28 U.S.C.§ 1915(a)(1), (2); Hatchet v. Nettles, 201 F.3d 651, 652 (5th Cir. 2000). Additionally, Delespine cannot show that he will present a nonfrivolous issue on appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). Accordingly, Delespine’s motion for IFP is DENIED, and the appeal is DISMISSED as frivolous. 5th Cíe. R. 42.2.

The dismissal of this appeal as frivolous counts as a strike for purposes of 28 U.S.C. § 1915(g). Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). We warn Delespine 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).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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