McGrew v. Bush

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-10107 Conference Calendar WILLIAM STEVE MCGREW, Plaintiff-Appellant, versus GEORGE W. BUSH; TEXAS BOARD OF PARDONS AND PAROLES; GARY L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 7:97-CV-254 - - - - - - - - - - June 16, 1998 Before DAVIS, PARKER, and DENNIS, Circuit Judges. PER CURIAM:* William Steve McGrew, Texas prisoner #374537, is BARRED from proceeding in forma pauperis (IFP) under the Prison Litigation Reform Act (PLRA) because, on at least three prior occasions while incarcerated, McGrew has brought an action or appeal in a United States Court that was dismissed as frivolous or for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-10107 -2- failure to state a claim. See McGrew v. Texas Bd. of Pardons and Paroles, 47 F.3d 158 (5th Cir. 1995)(affirming the district court’s dismissal of § 1983 complaint for failure to state a claim); McGrew v. Rodriguez, No. 94-11042 (5th Cir. Jan. 26, 1995)(unpublished)(dismissal of appeal as frivolous); McGrew v. Bush, No. 97-10198 (5th Cir. Dec. 17, 1997) (unpublished) (dismissal of complaint in district court as frivolous and dismissal of appeal as frivolous). See 28 U.S.C. § 1915(g); Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). Accordingly, McGrew’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. See § 1915(g). The appeal is DISMISSED. McGrew 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. IFP DECERTIFIED; APPEAL DISMISSED.