Patton v. Toudouze

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-50273 Conference Calendar JOHN WESLEY PATTON, Plaintiff-Appellant, versus RONALD TOUDOUZE, Adult Probation Officer (Bexar County Probation), Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-94-CV-754 - - - - - - - - - - June 15, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* John Wesley Patton, Texas prisoner # 751103, 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, Patton has brought an action in a court of the United States that was dismissed as frivolous. See prior cases cited in Patton v. Jefferson Correctional Center, 136 F.3d 458, 460-65 (5th Cir. 1998). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-50273 -2- Accordingly, Patton’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 § 1915(g). The appeal is DISMISSED. Patton has 15 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.