Harvey Sossamon, III v. Gilbert Campuzano

U.S. Court of Appeals for the Fifth Circuit
Harvey Sossamon, III v. Gilbert Campuzano, 360 F. App'x 561 (5th Cir. 2010)

Harvey Sossamon, III v. Gilbert Campuzano

Opinion

Case: 09-10662 Document: 00511001780 Page: 1 Date Filed: 01/12/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED January 12, 2010 No. 09-10662 Summary Calendar Charles R. Fulbruge III Clerk

HARVEY LEROY SOSSAMON, III,

Plaintiff-Appellant,

versus

GILBERT CAMPUZANO, Regional Director Texas Department of Criminal Justice Region VI; TERRY D. TUCKER, Assistant Warden Montford Unit; GEORGE ALLEN, Assistant Warden Montford Unit; GUY SMITH, Medical Liasion Officer; TERESA ZEPEDA, Nurse; JANE DOE, Nurse; KARIN FRANKLIN, Nurse; LOU ANN BOLING, Nurse; JANE DOE RICHARDSON, Nurse; MARION O. WILLIAMS, Hospital Administrator; JANE DOE ENGLISH, Correctional Officer,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of Texas No. 5:08-CV-149 Case: 09-10662 Document: 00511001780 Page: 2 Date Filed: 01/12/2010 No. 09-10662

Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:*

Harvey Sossamon, III, Texas prisoner # 120297, has been barred from pro- ceeding in forma pauperis (“IFP”) under

28 U.S.C. § 1915

(g) because, on at least three prior occasions while incarcerated, he brought an action or appeal in a court of the United States that was dismissed as frivolous or for failure to state a claim upon which relief could be granted. See Sossamon v. Cook, No. 07-10429 (5th Cir. Feb. 20, 2008) (unpublished); Sossamon v. Livingston, No. A-08CA-465- SS (W.D. Tex. Nov. 24, 2008) (unpublished). The district court improvidently granted Sossamon leave to proceed IFP on appeal. Accordingly, Sossamon’s IFP status is decertified, and the appeal is dis- missed. Sossamon has 15 days from the date of this opinion to pay the full ap- pellate filing fee to the clerk of the district court, should he wish to reinstate his appeal. Sossamon’s request for appointment of counsel is denied. IFP DECERTIFIED; APPEAL DISMISSED; MOTION FOR APPOINT- MENT OF COUNSEL DENIED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

2

Reference

Status
Unpublished