IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30681
Conference Calendar
EARNEST L. SMITH,
Plaintiff-Appellant,
versus
LISA TOLER, Deputy ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 97-CV-1122-S
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June 17, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Earnest L. Smith, Louisiana prisoner #183705, appeals from
the dismissal of his civil rights complaint as frivolous and the
later denial of relief sought in an amended complaint. Smith
moves for appointment of counsel; his motion for appointment of
counsel is DENIED.
Smith contends that he was deprived of gift funds without
due process and that he was deprived of medical care because he
was denied medication. We have reviewed Smith’s brief and the
*
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that this opinion should not be published and is not precedent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. 97-30681
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record, and we find Smith’s due process contention frivolous
because Louisiana provides adequate postdeprivation remedies.
Marshall v. Norwood, 741 F.2d 761, 763-64 (5th Cir. 1984). Smith
has failed to brief his medical-care contention for appeal; we do
not consider that contention. Brinkmann v. Dallas County Deputy
Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
Smith’s appeal is without arguable merit and is frivolous.
Accordingly, the appeal is DISMISSED. 5TH CIR. R. 42.2. The
dismissal of this appeal as frivolous counts as a strike for
purposes of 28 U.S.C. § 1915(g). We caution Smith that once he
accumulates three strikes, he may not proceed in forma pauperis
(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).
APPEAL DISMISSED; WARNING ISSUED.