Peters v. TDCJ
Peters v. TDCJ
Opinion
Case: 20-20612 Document: 00516196200 Page: 1 Date Filed: 02/09/2022
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 9, 2022 No. 20-20612 Lyle W. Cayce Clerk Michael Geoffrey Peters, Plaintiff—Appellant, versus The Texas Department of Criminal Justice; Rabbi Dovid Goldstein; The Aleph Institute; Rabbi Shimon Lararoff; The Chabad Outreach; The State of Texas, Defendants—Appellees.
Appeal from the United States District Court for the Southern District of Texas USDC No. 4:20-CV-3581
Before Smith, Higginson, and Willett, Circuit Judges.
Per Curiam:* Michael Peters, Texas prisoner # 2019190, moves to proceed in forma pauperis (“IFP”) on appeal as a sanctioned litigant following the district court’s dismissal without prejudice, per 28 U.S.C. § 1915(g), of his 42 U.S.C.
* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin- ion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 20-20612 Document: 00516196200 Page: 2 Date Filed: 02/09/2022
No. 20-20612
§ 1983 action. Peters’s speculative and conclusory arguments are insuffici- ent to make the showing required to avoid application of the three-strikes bar under § 1915(g). See Banos v. O’Guin, 144 F.3d 883, 884–85 (5th Cir. 1998); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982).
Peters’s motion to supplement the record is GRANTED. His motion for leave to proceed IFP on appeal is DENIED. For the same rea- sons, his appeal of the dismissal is frivolous and is DISMISSED. See 5th Cir. R. 42.2; Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir. 1997).
Peters is WARNED that frivolous, repetitive, or otherwise abusive filings will invite the imposition of other sanctions, which may include dis- missal, monetary sanctions, and restrictions on his ability to file pleadings in this court and any court subject to this court’s jurisdiction. See Coghlan v. Starkey, 852 F.2d 806, 817 n.21 (5th Cir. 1988) (per curiam).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.