IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10028
Conference Calendar
CARL WAYNE SIMS,
Plaintiff-Appellant,
versus
WILLIAM G. SMITH; ROCKY L.
STEWART; R. WHITE; K.J. REAGANS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:97-CV-211
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August 19, 1998
Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Carl Wayne Sims, Texas prisoner # 536044, filed a 42 U.S.C.
§ 1983 complaint against several employees of the Texas
Department of Corrections, Institutional Division. Sims alleged
that the defendants were deliberately indifferent to his serious
medical needs and retaliated against him for reporting his injury
as the result of a dangerous condition. The district court
dismissed the complaint as frivolous and for failure to state a
*
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that this opinion should not be published and is not precedent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. 98-10028
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claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and
(e)(2)(B)(ii).
On appeal, Sims argues that the unsafe work condition in the
kitchen violates the Ruiz** decree, that he was given a work
assignment in the fields because he filed grievances, that he was
wrongly exposed to a known dangerous condition in the prison
kitchen, and that the Defendants were deliberately indifferent to
his injured knee. We have reviewed the record and perceive no
error by the district court. Sims v. Smith et al., No. 2:97-CV-
0211 (N.D. Tex. December 23, 1997).
The appeal is without arguable merit and thus frivolous. Howard v. King, 707 F.2d 215,
219-20 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. 5TH CIR. R. 42.2.
A previous civil rights suit filed by Sims was dismissed as
frivolous. Sims v. Scott et al., USDC No. H-95-5311 (S.D. Tex.
Aug. 13, 1996). The district court's dismissal of the present
case and our dismissal of the appeal constitute strikes two and
three against Sims for purposes of 28 U.S.C. § 1915(g). Adepegba
v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). Because Sims has
three strikes, he may not bring a civil action or appeal as a
prisoner proceeding in forma pauperis unless he is under imminent
danger of serious physical injury. 28 U.S.C. § 1915(g).
**
Ruiz v. Estelle, 503 F. Supp. 1265 (S.D. Tex. 1980),
aff'd in part and vacated in part, 679 F.2d 1115, amended in part
and vacated in part, 688 F.2d 266 (5th Cir. 1982), cert. denied,
460 U.S. 1042 (1983).
No. 98-10028
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APPEAL DISMISSED. 5TH CIR. R. 42.2. SANCTION IMPOSED UNDER
28 U.S.C. § 1915(g).