UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 97-20010
Summary Calendar
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ANTHONY EUGENE GILL,
Plaintiff-Appellant,
versus
JAMES A. COLLINS, ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
(H-95-CV-3109)
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September 16, 1998
Before KING, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Anthony Eugene Gill, Texas prisoner # 647051, is BARRED from
proceeding in forma pauperis (IFP) under the Prison Litigation
Reform Act (PLRA), 28 U.S.C. § 1915(g), because, on at least three
prior occasions while incarcerated, Gill has brought an action or
appeal in a court of the United States that was dismissed as
frivolous or for failure to state a claim upon which relief could
be granted. See Gill v. Thornton, No. 96-11478 (5th Cir. June 17,
1997) (unpublished; appeal dismissed as frivolous in case dismissed
*
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that this opinion should not be published and is not precedent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.
by district court as frivolous); Gill v. Texas Dep’t of Criminal
Justice, No. 95-20723 (5th Cir. Jan. 23, 1996) (unpublished;
affirming district court’s dismissal of § 1983 action as
frivolous); see also Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th
Cir. 1996) (dismissal of appeal as frivolous in case dismissed by
district court as frivolous counts as two strikes; affirmance of
district court’s dismissal as frivolous counts as one strike).
Accordingly, Gill’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 28 U.S.C. § 1915(g). The appeal is DISMISSED.
Gill has 30 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
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