IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-11283
Conference Calendar
JOEL MASK,
Plaintiff-Appellant,
versus
ROBERT LAMPERT ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:97-CV-263
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August 18, 1998
Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Joel Mask, Texas prisoner # 059445, appeals the district
court’s dismissal of his 42 U.S.C. § 1983 action. Mask does not
address the merits of the district court's opinion. Failure to
identify any error in the district court's analysis or
application to the facts of the case is the same as if the
appellant had not appealed that judgment. Brinkmann v. Dallas
County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
Mask’s appeal is without arguable merit and is frivolous. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
*
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that this opinion should not be published and is not precedent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. 97-11283
-2-
the appeal is frivolous, it is DISMISSED. See 5th Cir. R. 42.2.
Mask is hereby put on notice that the dismissal of this
appeal as frivolous constitutes his third “strike” under 28
U.S.C. § 1915(g) and that he may not proceed in forma pauperis 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); Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir.
1997).**
APPEAL DISMISSED AS FRIVOLOUS.
**
The other “strikes” under § 1915(g) are Mask v. City of
Slaton, No. 5:95-CV-0099-C (N.D. Tex. Jun. 29, 1995) and Mask v.
Keesee, No. 5:94-CV-238-C (N.D. Tex. Dec. 22, 1994).