IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40865
Summary Calendar
WILLIAM LEE,
Plaintiff-Appellant,
versus
JEFFREY MILES, Lt., ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:96-CV-190
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November 20, 1997
Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
William Lee, Texas inmate #721936, appeals the dismissal as
frivolous of his civil rights complaint. We have carefully
reviewed the record and the appellate arguments. For essentially
the same reasons upon which the district court relied, see Lee v.
Miles, No. 5:96cv190 (E.D. Tex. Aug. 14, 1996), we conclude that
the district court did not abuse its discretion by dismissing the
complaint as frivolous. See Denton v. Hernandez, 504 U.S. 25, 33
(1992). We also conclude that the district court did not err by
denying Lee’s motion to supplement the complaint.
*
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that this opinion should not be published and is not precedent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.
No. 96-40865
-2-
All pending motions are DENIED.
The affirmance of the district court’s dismissal as
frivolous makes that court’s dismissal Lee’s third strike
pursuant to 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103
F.3d 383, 387-88 (5th Cir. 1996); see also Lee v. Garner, No. 96-
40668 (5th Cir. Dec. 11, 1996) (unpublished; strikes one and two
from this court’s dismissal as frivolous of appeal from a
district court’s dismissal as frivolous of a civil rights
complaint). 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.
28 U.S.C. § 1915(g). Therefore, except for cases involving an
imminent danger of serious physical injury, § 1915(g) bars Lee
from proceeding further in forma pauperis (IFP). He may proceed
in subsequent civil cases under the fee provisions of 28 U.S.C.
§§ 1911-14 applicable to everyone else.
AFFIRMED. DENY MOTIONS. BAR PURSUANT TO § 1915(g) NOTED.