IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-11119
Conference Calendar
LOWELL RUSSELL PUGH,
Plaintiff-Appellant,
versus
DALLAS POLICE DEPARTMENT ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:98-CV-1901-G
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April 16, 1999
Before JONES, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:*
Lowell Russell Pugh, Jr., Dallas County prisoner #98042452,
appeals from the dismissal of his civil rights action as
frivolous. Pugh moves to supplement the record on appeal; his
motion is DENIED.
Pugh contends that he was denied a copy of his police report
in violation of his constitutionally protected rights and Texas
state law; that police violated his constitutionally protected
rights by failing to investigate individuals other than
*
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that this opinion should not be published and is not precedent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. 98-11119
-2-
himself; and that he was deprived of access to the courts because
he was not allowed to use the jail law library.
To the extent that Pugh sought expungement of his records in
his complaint, the district court should have abstained from
addressing Pugh’s claims, as his state-court prosecution was
ongoing. Younger v. Harris, 401 U.S. 37, 56 (1971). Regarding
Pugh’s claims for damages, we have reviewed Pugh’s brief and the
record and we find no nonfrivolous appellate issues.
Accordingly, Pugh’s appeal is dismissed as frivolous. The
dismissal of Pugh’s complaint and the dismissal of this appeal as
frivolous count as two strikes for purposes of 28 U.S.C.
§ 1915(g). We caution Pugh that once he accumulates three
strikes, he may not proceed IFP in any civil action or appeal
filed while he is incarcerated or detained in any facility unless
he is under imminent danger of serious physical injury. See 28
U.S.C. § 1915(g).
APPEAL DISMISSED. 5TH CIR. R. 42.2.