Seaberry v. Stalder
Seaberry v. Stalder
Opinion
Ricky Seaberry, Louisiana prisoner # 131369, moves for leave to proceed in forma pauperis (“IFP”) on appeal following the district court’s denial of IFP and order that he pay the filing fee because he is barred by the three strikes provision of 28 U.S.C. § 1915(g). Seaberry alleges that he faces an imminent threat of serious physical injury because a fellow inmate assaulted him as a result of a prison policy of double-bunking inmates who are on DD/extended lock-down.
*542 Seaberry fails to meet the showing required to avoid application of the three strikes bar under 28 U.S.C. § 1915(g). See Banos v. O’Guin, 144 F.3d 883, 884-85 (5th Cir. 1998). His motion to proceed IFP is DENIED. Because the district court properly applied 28 U.S.C. § 1915(g), Sea-berry’s appeal is without merit and is DISMISSED. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2.
IFP MOTION DENIED; APPEAL DISMISSED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.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.