IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10114
Conference Calendar
HAROLD CURTIS BIDDIE, ET AL.,
Plaintiffs,
HAROLD CURTIS BIDDIE; MALCOLM LOUIS JACKSON,
Plaintiffs-Appellants,
versus
LEE A. SPEARS; BRENDA R. WILKINSON; ALL DEFENDANTS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7-97-CV-241-X
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April 19, 1999
Before JONES, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:*
Harold Curtis Biddie, Texas inmate # 488840, challenges the
dismissal without prejudice of his civil rights complaint filed
pursuant to 42 U.S.C. § 1983 for want of prosecution under Fed.
R. Civ. P. 41(b). As requested, Malcolm Louis Jackson, Texas
inmate # 655798, is not a party to this appeal, and his motion to
join the appeal is DENIED as moot.
*
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that this opinion should not be published and is not precedent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. 98-10114
-2-
Biddie’s appeal of the dismissal of his suit for want of
prosecution is frivolous. See Fed. R. Civ. P. 41(b); McCullough
v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988). Therefore, his
appeal is DISMISSED. See 5th Cir. R. 42.2. His motion for
appointment of counsel is DENIED.
District courts have barred Biddie from proceeding in forma
pauperis in accordance with 28 U.S.C. § 1915(g) unless he is
under imminent danger of serious physical injury. It is not
clear, however, that he was barred before he filed the instant
appeal. He is now barred unquestionably. See § 1915(g);
Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996); Biddie v.
Meade, No. H-97-2726 (S.D. Tex. Oct. 20, 1997); Biddie v.
Negbenebor, No. H-97-2375 (S.D. Tex. Nov. 20, 1997); see also
Biddie v. Polk, No. 1:96 cv695 (E.D. Tex. Nov. 30, 1998); Biddie
v. Gillard, No. H-97-2119 (S.D. Tex. June 9, 1998); Biddie v.
Dale, No. H-97-2728 (S.D. Tex. June 16, 1998).
MOTIONS DENIED; APPEAL DISMISSED; APPELLANT BARRED. See
28 U.S.C. § 1915(g).