IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10850
Conference Calendar
ROQUE T. ARANDA,
Plaintiff-Appellant,
versus
HENRY THOMAS HIRSCH; RICKY B. SMITH; GEORGE H. HANSARD; ALLEN J.
HAMMONS, JR.; JAMES RAY CATON,
Defendants-Appellees.
--------------------
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 5:00-CV-224-C
--------------------
April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Roque T. Aranda, Texas prisoner # 805045, appeals the
dismissal of his complaint alleging a conspiracy to convict him
as frivolous and malicious in accordance with 28 U.S.C.
§ 1915(e)(2)(B). Aranda argues inter alia that the district
court improperly dismissed his conspiracy claim as time-barred.
The complaint is time-barred. See Moore v. McDonald, 30
F.3d 616, 620 (5th Cir. 1994). This appeal is frivolous. See
*
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that this opinion should not be published and is not precedent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. 00-10850
-2-
Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). It is
DISMISSED. See 5th Cir. R. 42.2.
The three-strikes provision of 28 U.S.C. § 1915(g)
“prohibits a prisoner from proceeding IFP if he has had three
actions or appeals dismissed for frivolousness, maliciousness, or
failure to state a claim.” Carson v. Johnson, 112 F.3d 818, 819
(5th Cir. 1997)(citing Adepegba v. Hammons, 103 F.3d 383, 385
(5th Cir. 1996)). Aranda has previously had at least five
strikes against him. Aranda v. Key, No. 00-10849 (5th Cir. Feb.
14, 2001)(imposing 28 U.S.C. § 1915(g) bar); Aranda v. Shaw, No.
00-10844 (5th Cir. Feb. 14, 2001)(imposing 28 U.S.C. § 1915(g)
bar); Aranda v. Millsaps, No. 99-11394 (5th Cir. Aug. 29, 2000).
Aranda filed this appeal before the § 1915(g) bar was imposed.
He is reminded that he may no longer proceed 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).
APPEAL DISMISSED; ALL OUTSTANDING MOTIONS DENIED.