IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50842
Conference Calendar
GEORGE CLAY,
Plaintiff-Appellant,
versus
HASSEL R. TERRY;
BENNY BOYKIN; REX MOORE,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-98-CV-215
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June 15, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
George Clay, Texas prisoner # 658987, is BARRED from
proceeding in forma pauperis (IFP) under the Prison Litigation
Reform Act, 28 U.S.C. § 1915(g), because, on at least three prior
occasions while incarcerated, Clay has brought an action or
appeal in a court of the United States that was dismissed as
frivolous or for failure to state a claim upon which relief could
be granted. Clay v. Stevenson, No. V-95-106 (S.D. Tex. Nov. 7,
1996) (order and judgment dismissing as frivolous civil action
*
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that this opinion should not be published and is not precedent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. 98-50842
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against state court judge); Clay v. Jones, No. V-96063 (S.D. Tex.
Aug. 8, 1996) (order and judgment dismissing as frivolous 42
U.S.C. § 1983 complaint challenging validity of conviction); and
Clay v. Court of Criminal Appeals, No. 1:96-CV-232 (W.D. Tex.
Aug. 19, 1996) (dismissal of action as frivolous). One Texas
district court has already dismissed a civil rights complaint
filed by Clay pursuant to the three-strikes rule. See Clay v.
Filley, No. V-97-121 (S.D. Tex. Feb. 19, 1998).
Accordingly, Clay’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.
Clay 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.