IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41139
Conference Calendar
FELIX AARON MILLER,
Plaintiff-Appellant,
versus
D. DEWBERRY, Captain, Beto I,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:00-CV-393
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February 14, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Felix Miller, Texas prisoner # 555749, appeals the district
court’s dismissal of his 2000 42 U.S.C. § 1983 complaint as
frivolous. Miller argues that a prison official cut him with a
razor in 1996, that the official verbally threatened Miller in
1998, and that the official sent threatening letters to Miller in
1999.
The 1996 incident is plainly barred by the two-year statute
of limitations, and the district court did not abuse its
discretion in dismissing Miller’s remaining allegations as
*
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that this opinion should not be published and is not precedent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. 00-41139
-2-
frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i) and (ii); see also
Flores v. Cameron County, Tex., 92 F.3d 258, 271 (5th Cir. 1996);
Bender v. Brumley, 1 F.3d 271, 274 n.4 (5th Cir. 1993). Miller’s
appeal lacks arguable merit, and the appeal is DISMISSED AS
FRIVOLOUS. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); 5th Cir. R. 42.2.
Miller has more than three-strikes against him, and, after
Miller sought in forma pauperis status for his current appeal,
the three-strikes bar of 28 U.S.C. § 1915(g) was imposed against
him in a previous appeal. See Miller v. Lloyd, No. 00-10625 (5th
Cir. Oct. 17, 2000) (unpublished). We remind Miller that he
cannot proceed in forma pauperis in the district court or on
appeal except in cases in which he is under imminent danger of
serious physical injury. See § 1915(g); Adepegba v. Hammons, 103
F.3d 383, 387-88 (5th Cir. 1996).
DISMISSED AS FRIVOLOUS.