IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30159
Conference Calendar
JOHN V. WILLIAMS, JR.,
Plaintiff-Appellant,
versus
RICHARD L. STALDER, Secretary, Department of Public
Safety and Corrections; DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONS; OFFICE OF CORRECTIONS SERVICE; BOARD OF
PAROLES,
Defendants-Appellees.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 99-CV-945-C
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August 23, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
John V. Williams, Jr. (#105895), a state prisoner, has
appealed the district court's judgment dismissing his civil
rights complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), (ii),
& (iii). Williams's brief presents argument regarding the merits
of his constitutional claims only. Williams also argues that the
district court improperly resolved disputed issues of fact in
dismissing the complaint. For reasons stated by the magistrate
*
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this opinion should not be published and is not precedent except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. 00-30159
-2-
judge and adopted by the district court, we DISMISS the appeal as
FRIVOLOUS. 5th Cir. R. 42.2.
The district court’s dismissal of Williams’s complaint and
this court’s dismissal of his appeal as frivolous count as two
“strikes” for purposes of 28 U.S.C. § 1915(g). See Adepegba v.
Hammons, 103 F.3d 383, 388 (5th Cir. 1996). Williams is
CAUTIONED that if he accumulates three “strikes” under § 1915(g),
he will not be permitted to proceed in forma pauperis in any
civil action or appeal filed while he is incarcerated or detained
in any facility unless he is under imminent danger of serious
physical injury. See § 1915(g).
APPEAL DISMISSED.