IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40282
Conference Calendar
KEVIN WAYNE HARRIS,
Plaintiff-Appellant,
versus
PEREZ, Warden, Et Al.,
Defendants,
JOHN DOE; LINDA ALMAGUER, Correctional
Officer III; JOHN L. MEILLER, Sergeant;
SAUL BALDERAS,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-97-CV-522
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December 14, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Kevin Wayne Harris, Texas prisoner # 663507, appeals the
magistrate judge’s grant of summary judgment for defendants
Balderas and Meiller in this 42 U.S.C. § 1983 action. His motion
for appointment of counsel is DENIED. Harris has not adequately
briefed any argument relating to the district court’s grant of
*
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that this opinion should not be published and is not precedent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. 00-40282
- 2
summary judgment. See Grant v. Cuellar, 59 F.3d 523, 524 (5th
Cir. 1995).
Harris’ appeal is without arguable merit and is frivolous.
Accordingly, the appeal is DISMISSED. 5TH CIR. R. 42.2. The
dismissal of this appeal as frivolous counts as a “strike” for
purposes of 28 U.S.C. § 1915(g). We caution Harris that once he
accumulates three strikes, he may not proceed in forma pauperis
(IFP) 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 28 U.S.C.
§ 1915(g).
MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS.