IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40404
Summary Calendar
WILLIAM STEED KELLEY; ET AL.,
Plaintiffs,
WILLIAM STEED KELLEY,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION, ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-98-CV-533
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July 20, 1999
Before EMILIO M. GARZA, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
William Steed Kelley, Texas state prisoner #457296, seeks
leave to appeal in forma pauperis (IFP) from the district court’s
dismissal of his “Motion to perpetuate testimony” pursuant to
Fed. R. Civ. P. 27. Kelley’s motion for leave to appeal IFP is
DENIED. Kelley concedes that on at least three prior occasions
while incarcerated, he has brought an action in a United States
*
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that this opinion should not be published and is not precedent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. 99-40404
-2-
court that was dismissed as frivolous. Accordingly, Kelley 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.” 28 U.S.C. § 1915(g); Adepegba v. Hammons, 103 F.3d 383,
388 (5th Cir. 1997). Kelley’s allegations in this case do not
qualify.
This appeal is DISMISSED. Kelley 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.
All other outstanding motions are also DENIED.
MOTIONS DENIED; 28 U.S.C. § 1915(g) BAR APPLIED; APPEAL
DISMISSED.