IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30971
Conference Calendar
DAVID WATERS,
Plaintiff-Appellant,
versus
FRED Y. CLARK, Chairman of the Board of Parole,
Defendant-Appellee.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 00-CV-302
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February 13, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
David Waters, Louisiana prisoner No. 83255, appeals the
dismissal as frivolous of his civil rights complaint challenging
the Louisiana Board of Parole’s determination that he is
ineligible for parole consideration because his life sentence has
not been commuted to a term of years as required by LA. REV. STAT.
ANN. § 15:574.4(B). Waters’ appellate brief fails to present any
argument for review by this court. Yohey v. Collins, 985 F.2d
222, 224-25 (5th Cir. 1993); see FED. R. APP. P. 28(a)(9).
Furthermore, based on our review of the record, we agree with 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that this opinion should not be published and is not precedent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. 00-30971
-2-
district court’s characterization of Waters’ complaint as
frivolous. The appeal, which is frivolous, is DISMISSED. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR.
R. 42.2.
The district court’s dismissal of Waters’ complaint and this
court’s dismissal of his appeal count as two “strikes” for
purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103
F.3d 383, 385-87 (5th Cir. 1996). Waters 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).
APPEAL DISMISSED; SANCTIONS WARNING ISSUED.