No. 99-10783
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10783
Summary Calendar
RAYMOND PETER GODAIRE,
Plaintiff-Appellant,
VERSUS
CPL LEWIS, ETC.; ET AL.,
Defendants,
ERIC TRAINER, Correctional Services
Corporation, also known as Esmor,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:98-CV-205-A
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March 15, 2000
Before JOLLY, DAVIS, and DENNIS, Circuit Judges.
PER CURIAM:*
Raymond Peter Godaire (TDCJ # 356742) appeals the district
court’s dismissal of his civil rights complaint pursuant to 28
U.S.C. § 1915A(b)(1). He argues that Trainer’s “actions and lack
of actions” were the proximate cause of the destruction of his
legal materials, and thus Trainer was responsible for violating his
constitutional right of access to the courts.
*
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that this opinion should not be published and is not precedent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. 99-10783
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Prisoner complaints may be dismissed under § 1915A(b)(1) if
they are “frivolous, malicious, or fail[] to state a claim upon
which relief may be granted[.]” See § 1915A(b)(1); Ruiz v. United
States, 160 F.3d 273, 274 (5th Cir. 1998). Section 1915A applies
regardless of whether the plaintiff has paid a filing fee or is
proceeding IFP, and does not distinguish between a dismissal as
frivolous and a dismissal for failure to state a claim. Ruiz, 160
F.3d at 274. A dismissal under § 1915A is reviewed de novo. Id.
at 275.
Under his own allegations, Godaire has not shown a causal
connection between Trainer’s actions and the alleged denial of his
right of access to the courts. See Johnson v. Rodriquez, 110 F.3d
299, 310 (5th Cir. 1997); Lozano v. Smith, 718 F.2d 756, 768 (5th
Cir. 1983). Accordingly, the judgment of the district court is
AFFIRMED.
Godaire has accumulated three “strikes” under 28 U.S.C.
§ 1915(g). The affirmance of a district court’s dismissal as
frivolous in the instant case counts as a single “strike.”
Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996). Godaire
accrued another strike when this court affirmed the district
court’s dismissal as frivolous of his civil rights complaint in
Godaire v. Lomo, No. G-96-CV-475. See Adepegba, 103 F.3d at 387;
Godaire v. Lomo, No. 99-40322 (5th Cir. Dec. 15, 1999). He accrued
an additional strike when this court dismissed his appeal as
frivolous in Godaire v. Ulrich, No. 1:93-CV-658. See Adepegba, 103
F.3d at 388; Godaire v. Ulrich, No. 94-40686 (5th Cir. Sept. 30,
1994). Godaire is BARRED from proceeding in forma pauperis in any
No. 99-10783
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civil action or appeal while he is incarcerated unless he is under
imminent danger of serious physical injury. See § 1915(g).
AFFIRMED; BAR IMPOSED.