IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-11255
Conference Calendar
EMANUEL JOHNSON,
Plaintiff-Appellant,
versus
DALLAS POLICE DEP'T,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:96-CV-2346
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April 16, 1997
Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Emanuel Johnson (Texas prisoner # 485380) moves this court
for leave to proceed in forma pauperis in his appeal of the
district court's dismissal of his civil rights suit as frivolous.
Because it appears that he has met the applicable criteria for in
forma pauperis status, it is GRANTED.
*
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that this opinion should not be published and is not precedent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. 96-11255
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Pursuant to the Prison Litigation Reform Act (PLRA), we
assess no initial partial filing fee against Johnson. However,
Johnson henceforth shall make monthly payments of twenty percent
of the preceding months income credited to his account. See 28
U.S.C. § 1915(b). The agency having custody of Johnson is
directed to forward payments from his prisoner account to the
clerk of the district court each time the amount in his account
exceeds $10 until the appellate filing fee of $105 is paid. Id.
The district court found that Johnson's suit was duplicative
of suits Johnson filed previously, and Johnson has not challenged
that finding. Johnson's appeal is DISMISSED as frivolous. 5TH
CIR. R. 42.2.
Johnson previously has been warned by this court that he may
be sanctioned for filing further frivolous pleadings. See
Johnson v. Williams, No. 96-10869, slip op. at 2 (5th Cir. Dec.
11, 1996). Accordingly, Johnson is barred from filing any pro
se, in forma pauperis, civil appeal in this court, or any pro se,
in forma pauperis, initial civil pleading in any court which is
subject to this court's jurisdiction, without the advance written
permission of a judge of the forum court or of this court; the
clerk of this court and the clerks of all federal district courts
in this Circuit are directed to return to Johnson, unfiled, any
attempted submission inconsistent with this bar.
APPEAL DISMISSED; SANCTION IMPOSED.