IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30293
Conference Calendar
RENWICK GIBBS,
Plaintiff-Appellant,
versus
M. J. FOSTER, Governor, State
of Louisiana; GRAY DAVIS; LINDA
FULLERTON; MICHAEL COLEMAN; GARY T.
YANCEY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CV-1780
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August 22, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Renwick Gibbs, a California prisoner (#P58227), appeals the
district court’s dismissal of his civil rights complaint as
frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). His motion for
appointment of counsel is DENIED. See Ulmer v. Chancellor, 691
F.2d 209, 212 (5th Cir. 1982).
Gibbs argues only that the defendants illegally extradited
him from Louisiana to California and that he is serving an
*
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that this opinion should not be published and is not precedent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. 00-30293
-2-
illegal sentence for robbery in California. Gibbs has not shown
that the district court erred in holding that his complaint was
defective because it did not meet the preconditions for suit
established by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
This appeal is without arguable merit and, thus, frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).
Because the appeal is frivolous, it is DISMISSED. 5th Cir.
R. 42.2.
This dismissal of a frivolous appeal and the district
court’s dismissal of the lawsuit as frivolous constitute two
"strikes" against Gibbs for purposes of 28 U.S.C. § 1915(g). See
Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). Gibbs is
CAUTIONED that if he accumulates three "strikes" under § 1915(g),
he will not be able 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).
ALL OUTSTANDING MOTIONS DENIED; APPEAL DISMISSED AS
FRIVOLOUS; SANCTIONS WARNING ISSUED.