IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-20003
Conference Calendar
JAMES ELLIS, JR.,
Plaintiff-Appellant,
versus
M. LYLES, Warden; GATTIS, Sergeant, STEVE PASOWICZ,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-94-CV-3104
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October 22, 1998
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
James Ellis, Jr., Texas prisoner #661137, appeals from the
grant of summary judgment for defendant Steve Pasowicz in Ellis’s
civil rights action. Ellis contends that the use of force
against him on April 27, 1994, violated the Eighth Amendment. We
have reviewed the record and the briefs of the parties and we
find no nonfrivolous appellate issues. Accordingly, we dismiss
Ellis’s appeal for essentially the reasons relied upon by the
district court when it granted Pasowicz’s summary-judgment
motion. Ellis v. Lyles, No. H-94-3104 (S.D. Tex. Dec. 8, 1997).
*
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that this opinion should not be published and is not precedent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. 98-20003
-2-
We imposed 28 U.S.C. § 1915(g) sanctions on Ellis on August
20, 1998. Ellis v. Thaler, No. 97-20526 (5th Cir. Aug. 20,
1998)(unpublished). Because Ellis filed his notice of appeal and
was granted leave to proceed in forma pauperis (IFP) before
August 20, we do not apply § 1915(g) to the instant case. We
remind Ellis that he may not bring a civil action or appeal as a
prisoner proceeding IFP unless he is under imminent danger of
serious physical injury. § 1915(g).
APPEAL DISMISSED. 5TH CIR. R. 42.2.