IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-31075
Conference Calendar
CHARLES J. TAYLOR,
Plaintiff-Appellant,
versus
BARON KAYLO; JASON PAUL;
RICHARD L. STALDER; E. GASFAR;
CASNOTE, Major,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 00-CV-1077
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February 14, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Charles J. Taylor, Louisiana prisoner # 342777, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 civil rights
complaint as frivolous. On appeal, he argues that he was
subjected to cruel and unusual punishment by prison officials.
He lists numerous cases and a prison disciplinary rule that the
district court allegedly overlooked when it dismissed his
complaint.
*
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that this opinion should not be published and is not precedent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. 00-31075
-2-
Taylor does not dispute the district court’s legal
conclusions. He does not identify any error made by the district
court other than the assertion that the court allegedly
overlooked various legal authorities. See Al-Ra’id v. Ingle, 69
F.3d 28, 31 (5th Cir. 1995)(issues are abandoned when appellant
fails to identify any error made by the district court).
However, Taylor fails to explain how these alleged oversights
relate to the circumstances of his case. See id. at 32
(conclusional assertions insufficient to maintain civil rights
claim).
Taylor’s appeal has no arguable basis in law or fact;
therefore, it is DISMISSED as frivolous. See King v. Howard, 707
F.2d 215, 219-20 (5th Cir. 1983). The district court’s dismissal
under 28 U.S.C. § 1915 counts as a strike against Taylor. See
Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996). This
court’s dismissal counts as another strike. If Taylor
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 in imminent danger of
serious physical injury. See 28 U.S.C. § 1915(g).
DISMISSED; SANCTIONS WARNING ISSUED.