IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50592
Conference Calendar
ARTURO SOLIS,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-98-CV-116
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October 19, 1999
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Arturo Solis, Texas prisoner #519192, has filed a motion to
proceed in forma pauperis (IFP) to appeal the denial of his
motion for leave to file a petition, which sought the entry of a
final judgment pursuant to Fed. R. Civ. P 58 and 79(a). Because
the district court granted Solis’ motion to proceed IFP on
appeal, this motion is DENIED as moot.
*
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that this opinion should not be published and is not precedent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. 98-50592
-2-
Solis has failed to present any argument, and he has cited
no authority to suggest that the district court erred in denying
his motion for leave. The appeal is frivolous and should be
dismissed as such. 5TH CIR.
R. 42.2.
With the dismissal of this appeal as frivolous, along with
the dismissal of Solis’ appeals in Solis v. Harwell, No. 98-50287
and Solis v. Federal Grand Jury, No. 99-50113, Solis now has six
“strikes” for purposes of 28 U.S.C. § 1915(g). See Adepegba v.
Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Solis is reminded
that he is barred from filing any civil action or appeal IFP
unless he is under imminent danger of serious physical injury.
§ 1915(g).
DENY IFP AS MOOT; APPEAL DISMISSED.