IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10725
Conference Calendar
LOUIS EDWARD SPEARMAN,
Plaintiff-Appellant,
versus
PAULA McKNIGHT; DALLAS COUNTY
SHERIFF’S DEPARTMENT; JIM BOWLES,
Sheriff of Dallas; JOE LOBLEY; B.
COUSINS LANE; KELLEY THOMPSON;
292nd JUDICIAL DISTRICT COURT
OF DALLAS COUNTY TEXAS; WILLIAM
JEFFREY BLACK, Judge,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CV-3037-R
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June 16, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Louis Edward Spearman, Texas prisoner no. 708729, challenges
the district court’s refusal to grant IFP status on appeal based
upon its determination that the appeal was not taken in good
faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
Spearman makes no argument addressing the district court’s
*
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that this opinion should not be published and is not precedent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. 98-10725
-2-
reasons for its determination. Accordingly, we uphold the
district court’s certification decision and sua sponte DISMISS
Spearman’s appeal as FRIVOLOUS. See Baugh, 117 F.3d at 202 n.24;
5th Cir. R. 42.2. Spearman’s other pending motions are also
DENIED.
The dismissal of this appeal as frivolous counts as a strike
for purposes of 28 U.S.C. § 1915(g). We caution Spearman 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 AS FRIVOLOUS; ALL OUTSTANDING MOTIONS
DENIED.