Cooper v. Scott

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-20402 Summary Calendar STEPHEN PAUL COOPER, Plaintiff-Appellant, versus WAYNE SCOTT; GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; JERRY PETERSON; EVA PERRY; JANIE COCKRELL; RICHARD LIJEWSKI; JOHN F. MCAULIFFE; RANDOLPH T. MCVEY; DAVID MOYA; JOHN DOE; SHERRY BROWN, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-96-CV-4228 -------------------- December 8, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Stephen Paul Cooper, Texas state prisoner #524906, appeals from the district court’s dismissal without prejudice of his civil rights complaint as barred by the three-strikes provision of 28 U.S.C. § 1915(g). We have reviewed the record and find no reversible error. Cooper has already been barred by this court under § 1915(g) because he has, on four prior occasions, while * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-20402 -2- incarcerated, brought an action or appeal in a United States court that was dismissed on the grounds that it was frivolous. See Cooper v. Bowles, No. 98-10948 (5th Cir. July 28, 1999). Accordingly, Cooper’s IFP status is decertified and his appeal is DISMISSED. IFP DECERTIFIED; APPEAL DISMISSED; ALL MOTIONS DENIED.