IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41049
Summary Calendar
DONALD R. FRANK,
Plaintiff-Appellant,
versus
JOHN APPLEMAN, District Clerk
of Jefferson County Courthouse, et al.,
Defendants,
JOHN APPLEMAN, District Clerk
of Jefferson County Courthouse;
PORTIA F. BOSSE, Assistant Attorney
General of Texas,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:95-CV-1141
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September 17, 1999
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Donald R. Frank, Texas prisoner # 208829, 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, Frank has brought an action or
*
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that this opinion should not be published and is not precedent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. 98-41049
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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. Frank v. Garner, No. 96-40375 (5th Cir. July 31,
1996) (affirming district court’s dismissal of his civil rights
suit as frivolous; Frank v. Reno, No. 1:97-CV-165-C (N.D. Tex.
Aug. 6, 1997) (dismissing writ of mandamus as frivolous and for
failure to state a claim upon which mandamus may issue; and Frank
v. Calhoun, No. 6:98-CV-128 (E.D. Tex. Apr. 23, 1998) (dismissing
as frivolous 28 U.S.C. § 1983 action against state court judge)
Accordingly, Frank’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.
Frank 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.