No. 99-20944
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20944
Conference Calendar
LEE ANTHONY JOHNSON,
Plaintiff-Appellant,
versus
LIEUTENANT GOVERNOR OFFICE; MS MARY ANNE WILEY;
FRED FIGUEROA, Warden; E D OWENS,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CV-3154
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April 14, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Lee Anthony Johnson, Texas prisoner No. 290961, appeals the
denial of his motion to appeal in forma pauperis (IFP) from the
dismissal of a civil rights complaint for failure to comply with
a prior district court sanction order. Because we find that
there is no underlying appeal of the merits of the dismissal of
the complaint, the motion for IFP is MOOT and this appeal is
DISMISSED AS FRIVOLOUS.
*
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that this opinion should not be published and is not precedent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. 99-20944
-2-
At least two cases filed by Johnson have been dismissed as
frivolous in the district court. Johnson v. Alford, No. 93-CV-
118 (E.D. Tex. March 17, 1994); Johnson v. Richards, No. 93-CV-
524 (E.D. Tex. Dec. 13, 1994). The dismissal of the instant
appeal thus counts as Johnson’s third strike under the Prison
Litigation Reform Act (PLRA). Johnson is barred from any further
IFP proceedings in federal court unless he is in imminent danger
of serious physical injury. 28 U.S.C. § 1915(g); see Adepegba v.
Hammons, 103 F.3d 383, 385 (5th Cir. 1996).
IFP DENIED AS MOOT; APPEAL DISMISSED; APPELLANT BARRED; see
28 U.S.C. § 1915(g).
Johnson v. Lieutenant Governor
Combined Opinion