REVISED OPINION
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30497
Conference Calendar
DENNIS RAY PADEN,
Plaintiff-Appellant,
versus
KATHLEEN M. HAWK, KEITH HALL,
VIDRINE, DR., FRED GILLEY,
MICHAEL DAVIS, ROBERT D. HOLMES,
ELWIN, DR., TOM BOYETTE, WALKER, DR.,
TURNBO, MR.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 96-CV-708
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March 16, 1998
Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM:*
We sua sponte withdraw our prior opinion of February 10,
1998, and substitute the instant opinion.
Dennis Ray Paden, federal prisoner # 47044-079, is BARRED
from proceeding in forma pauperis (IFP) under the Prison
*
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that this opinion should not be published and is not precedent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. 97-30497
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Litigation Reform Act of 1995 (PLRA) because, on at least three
prior occasions while incarcerated, Paden has brought a civil
action or appeal in a United States court that was dismissed as
frivolous. See Paden v. Hawk, No. 96-10660 (5th Cir. Aug. 22,
1996)(unpublished); Paden v. Hall, No. 95-CV-02007 (W.D. La. May
16, 1996)(unpublished); Paden v. Holloman, No. 93-CV-01016 (S.D.
Tx. May 11, 1993) (unpublished); see 28 U.S.C. § 1915(g);
Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996).
Accordingly, Paden’s IFP status is DECERTIFIED, and he may not
proceed IFP in any civil action or appeal filed while he is in
prison unless he is under imminent danger of serious physical
injury. 28 U.S.C. § 1915(g). The appeal is DISMISSED.
Paden has 15 days from the date of this opinion to pay the
full appellate filing fee of $105 to the clerk of the district
court, should he wish to reinstate his appeal.
MOTION FOR APPOINTMENT OF COUNSEL DENIED; IFP DECERTIFIED;
APPEAL DISMISSED.