IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40675
USDC No. C-95-CV-612
STEPHEN LLOYD TRAPP,
Plaintiff-Appellant,
versus
JAMES A. COLLINS, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION;
GARY JOHNSON, Deputy Director;
JAMES ZELLER, Warden;
J. GONZALES, Field Officer,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-95-CV-612
- - - - - - - - - -
March 17, 1997
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Stephen Lloyd Trapp, Texas inmate # 515234, appeals the
dismissal of his civil rights action pursuant to 28 U.S.C.
§ 1915(d). The PLRA requires a prisoner appealing IFP in a civil
action to pay the full amount of the filing fee, $105. As Trapp
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-40675
- 2 -
does not have funds, he is assessed no partial filing fee, 28
U.S.C. § 1915(b)(4).
The agency having custody of Trapp’s inmate account shall
collect the remainder of the $105 filing fee and forward for
payment to the Clerk of the District Court for the Southern
District of Texas in accordance with 28 U.S.C. § 1915(b)(2) each
time the amount in Trapp's account exceeds $10 until the
appellate filing fee is paid.
Trapp argues that he was denied access to the courts because
prison officials interfered with his library time and because he
was refused clerical materials to prepare legal documents. We
have reviewed Trapp’s brief and the record and perceive no abuse
of discretion by the district court.
Trapp’s appeal is without arguable merit and thus frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).
Because the appeal is frivolous, it is dismissed. See 5th Cir.
R. 42.2.
This is not the first civil rights suit filed by Trapp
which has been dismissed as frivolous. See Trapp v. Scott, No.
96-40338 (Aug. 28, 1996). A prisoner may not
bring a civil action or appeal a judgment in
a civil action or proceeding under this
section if the prisoner has, on 3 or more
prior occasions, while incarcerated or
detained in any facility, brought an action
or appeal in a court of the United States
that was dismissed on the grounds that it is
frivolous, , malicious, or fails to state a
claim upon which relief may be granted,
unless the prisoner is under imminent danger
of serious physical injury.
No. 96-40675
- 3 -
28 U.S.C. § 1915(g). Including the dismissal of this appeal and
the dismissal of the complaint from which appeal was taken, Trapp
has three "strikes." See Adepegba v. Hammons, 103 F.3d 383, 387-
88 (5th Cir. 1996). Therefore, except for cases involving an
imminent danger of serious physical injury, § 1915(g) bars Trapp
from proceeding further under § 1915. He may proceed in
subsequent civil cases under the fee provisions of 28 U.S.C.
§§ 1911-14 applicable to everyone else.
IFP GRANTED; APPEAL DISMISSED.