Barnes v. Polunsky

No. 98-41264 -1- IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-41264 Conference Calendar HOWARD LEE BARNES, Plaintiff-Appellant, versus ALLEN B. POLUNSKY; A. BOLDING; LARRY A JOHNS; RICKEY D. KILGORE; KEITH EDWIN ATCHISON; CHRISTI T. FLEETWOOD; LAKEISHA JOHNSON, GENE R. MARTIN, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No.6:98-CV-505 -------------------- April 14, 2000 Before WIENER, DeMOSS, and PARKER, Circuit Judges. PER CURIAM:* Howard Lee Barnes, Texas prisoner No. 647284, appeals the district court’s dismissal of his civil rights complaints pursuant to 28 U.S.C. § 1915(g) and he moves this court for appointment of appellate counsel. The motion for counsel is DENIED. Barnes does not challenge the district court’s determination that he was not entitled to litigate in forma pauperis because he had accrued three “strikes” for purposes of * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-41264 -2- § 1915(g). Accordingly, we AFFIRM. See Yohey v. Collins, 985 F.2d 222, 223-24 (5th Cir. 1993); FED. R. APP. P. 28(a)(9)(A). MOTION FOR APPOINTMENT OF COUNSEL DENIED; AFFIRMED.