Carter v. Quarterman

U.S. Court of Appeals for the Fifth Circuit
Carter v. Quarterman, 310 F. App'x 662 (5th Cir. 2009)

Carter v. Quarterman

Opinion

PER CURIAM: *

Roosevelt Carter, Texas prisoner # 1334740, appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). Carter has filed a motion to proceed in forma pauperis (IFP) on appeal, challenging the district court’s certification, pursuant to Baugh v. Taylor, 117 F.3d 197, 199-202 (5th Cir. 1997), that his appeal was not taken in good faith.

Because Carter’s brief does not address the reasons for the district court’s certification decision or the basis of the district court’s dismissal, it is the same as if the appellant had not appealed the judgment. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). The district court’s certification that Carter’s appeal is not taken in good faith is upheld, Carter’s motion for IFP is denied, and this appeal is dismissed as frivolous. See Baugh, 117 F.3d at 202 & n. 24; 5th Cir. R. 42.2.

Carter is hereby informed that the dismissal of this appeal as frivolous counts as a strike for purposes of 28 U.S.C. § 1915(g), in addition to the strike for the district court’s dismissal. See Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996). We caution Carter 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 § 1915(g).

IFP DENIED; APPEAL DISMISSED; SANCTION WARNING ISSUED.

*

Pursuant to 5tii Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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
Roosevelt CARTER, Plaintiff-Appellant v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Defendant-Appellee
Status
Unpublished