IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40588
Summary Calendar
REYES FLORES,
Plaintiff-Appellant,
versus
VALERIE HUDSON, Lieutenant,
Michael Unit,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:00-CV-259
- - - - - - - - - -
September 29, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
The district court dismissed the 42 U.S.C. § 1983 complaint
filed by Reyes Flores, Texas prisoner # 615077, because he is
barred by 28 U.S.C. § 1915(g) (three-strikes bar) and he had
failed to establish that he was under imminent danger of serious
physical injury. Flores requests (1) leave to substitute his
spiritual advisor in his place pursuant to Fed. R. App. P. 43(b)
because his advisor is not subject to the three-strikes bar,
(2) leave to proceed in forma pauperis (IFP) because he is under
*
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that this opinion should not be published and is not precedent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. 00-40588
-2-
imminent danger of serious physical injury, and (3) the
appointment of counsel.
Flores’s request to substitute his spiritual advisor is
DENIED. Because Flores has failed to establish that he is under
imminent danger, his request for IFP is DENIED. Baños v. O’Guin,
144 F.3d 883, 884 (5th Cir. 1998). Because Flores has failed to
demonstrate exceptional circumstances, his request for the
appointment of counsel is also DENIED. Cupit v. Jones, 835 F.2d
82, 86 (5th Cir. 1987).
Flores’s appeal is DISMISSED. Should Flores wish to
reinstate his appeal, he has 15 days from the date of this
opinion to pay the full appellate filing fee of $105 to the clerk
of the district court.
MOTIONS DENIED. APPEAL DISMISSED.