IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-11394
Conference Calendar
ROQUE T. ARANDA,
Plaintiff-Appellant,
versus
JEANNE MILLSAPS, Clerk,
San Joaquin Superior Court;
MICHAEL PLATT, Judge,
San Joaquin Superior Court;
SAN JOAQUIN COUNTY,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:99-CV-333
- - - - - - - - - -
August 29, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Roque T. Aranda, Texas prisoner #805045, appeals from the
dismissal, without prejudice, of his suit invoking 42 U.S.C.
§ 1983. The district court concluded that “all of [Aranda’s]
claims in the instant civil rights action arose out of or relate
to his conviction and should properly be raised in a habeas
action.” Aranda’s failure to identify any error in the district
court’s legal analysis or its application to his lawsuit “is the
*
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that this opinion should not be published and is not precedent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. 99-11394
- 2 -
same as if he had not appealed that judgment.” Brinkmann v.
Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.
1987).
Aranda’s appeal is without merit and therefore frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).
Because the appeal is frivolous, it is DISMISSED. See 5TH CIR. R.
42.2. Our dismissal of this appeal counts as a strike against
Aranda for purposes of 28 U.S.C. § 1915(g). We caution Aranda
that once he accumulates three strikes, he may not 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; SANCTION WARNING ISSUED.