Reese v. Martinez
Reese v. Martinez
Opinion
Case: 24-50470 Document: 42-1 Page: 1 Date Filed: 01/06/2025
United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50470 Summary Calendar FILED ____________ January 6, 2025 Lyle W. Cayce Jeremy Reese, Clerk Plaintiff—Appellant, versus Annette Martinez, Warden; Jodi Sawyer; T. Matz; Teri Smith, R.M.; Autumn Gerfen; Hughes Unit Facility Health Administrator; JIT Medical Director; Care Provider; Supervisor; UTMB; TTUHS; CMHCC, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 6:24-CV-112 ______________________________ Before Southwick, Willett, and Oldham, Circuit Judges.
Per Curiam: * Jeremy Reese, Texas prisoner # 2297627, moves for leave to appeal the district court’s dismissal of his 42 U.S.C. § 1983 complaint pursuant to the three-strikes provision of 28 U.S.C. § 1915(g). Reese asserts that that he _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 24-50470 Document: 42-1 Page: 2 Date Filed: 01/06/2025
No. 24-50470
is in imminent danger of serious physical injury because he is not receiving adequate treatment for an undiagnosed medical condition. However, he fails to make the required showing of an imminent danger of serious physical injury. See Banos v. O’Guin, 144 F.3d 883, 885 (5th Cir. 1998). Accordingly, Reese has not shown that he is entitled to proceed IFP on appeal. See 28 U.S.C. § 1915(g).
Based upon the foregoing, Reese’s IFP motion is DENIED, and the appeal is DISMISSED as frivolous. See 5th Cir. R. 42.2. Reese’s motion for appointment of counsel is likewise DENIED.
Reese is reminded that, because he has three strikes, he is barred from proceeding 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). He is also WARNED that any pending or future frivolous or repetitive filings in this court or any court subject to this court's jurisdiction will subject him to additional sanctions. See Coghlan v. Starkey, 852 F.2d 806, 817 n.21 (5th Cir. 1988).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.