Case: 10-20619 Document: 00511571805 Page: 1 Date Filed: 08/15/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 15, 2011
No. 10-20619
Summary Calendar Lyle W. Cayce
Clerk
GERALD ALLEN PERRY,
Plaintiff-Appellant
v.
JOHN B. HOLMES, Former District Attorney of Harris County; STEVE
BALDASSANO, Former Assistant District Attorney of Harris County; BOYOL
SMITH, Sergeant; K.R. WILLIAMSON, Sergeant,
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CV-3865
Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.
PER CURIAM:*
Gerald Allen Perry, Texas prisoner # 644896, has been barred from
proceeding in forma pauperis (IFP) under 28 U.S.C. § 1915(g) because, on at
least three prior occasions while incarcerated, he has brought an action or
appeal in a court of the United States that was dismissed as frivolous or for
failure to state a claim upon which relief could be granted. See Perry v. Johnson,
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 10-20619 Document: 00511571805 Page: 2 Date Filed: 08/15/2011
No. 10-20619
No. 5:01-CV-00165 (E.D. Tex. July 31, 2003) (unpublished); Perry v. Holmes, No.
05-20137 (5th Cir. Nov. 1, 2005) (unpublished). Furthermore, Perry has not
alleged that he is “under imminent danger of serious physical injury.” § 1915(g).
Thus, the district court improvidently granted Perry leave to proceed IFP on
appeal.
Accordingly, Perry’s IFP status is decertified, and the appeal is dismissed.
Perry has 15 days from the date of this opinion to pay the full appellate filing fee
to the clerk of the district court, should he wish to reinstate his appeal. Perry’s
request for the production of transcripts at government expense is denied.
IFP DECERTIFIED; APPEAL DISMISSED; MOTION FOR
TRANSCRIPTS AT GOVERNMENT EXPENSE DENIED.
2