IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-50113
Conference Calendar
ARTURO SOLIS,
Petitioner-Appellant,
versus
FEDERAL GRAND JURY MATERIALS,
(Of December 1995 and February
1996 Terms),
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-98-CV-323
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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 (1) leave to file a petition for disclosure of grand
jury material; (2) reconsideration; and (3) recusal. The
district court denied Solis’ motion to proceed IFP on appeal and
certified that an appeal would be frivolous and not taken in good
*
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that this opinion should not be published and is not precedent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. 99-50113
-2-
faith. 28 U.S.C. § 1915(a)(3); Baugh v. Taylor, 117 F.3d 197,
202 (5th Cir. 1997).
Solis has failed to show that his appeal presents a
nonfrivolous issue. See Baugh, 117 F.3d at 202 & n.24. Thus,
his motion to proceed IFP is DENIED and his appeal is DISMISSED
as frivolous. See 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. Johnson, No. 98-50592, 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).
APPEAL DISMISSED.