IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10856
Conference Calendar
MICHAEL L. HOWARD,
Plaintiff-Appellant,
versus
JOHN CORNYN, Attorney General
of Texas, Child Support Division,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CV-1289-D
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April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Texas state prisoner Michael L. Howard, #918423, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 complaint as
frivolous. He has also filed motions for discovery, to
supplement the record, to order a blood test, and to waive his
filing fee. These motions are DENIED.
Howard’s failure to identify any error in the district
court’s legal analysis or its application to his lawsuit “is 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that this opinion should not be published and is not precedent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. 00-10856
- 2 -
same as if he had not appealed that judgment.” Brinkmann v.
Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.
1987). Howard’s appeal is without arguable merit and is
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Because the appeal is frivolous, it is DISMISSED. See
5TH CIR. R. 42.2.
The district court’s dismissal of the present case and this
court’s dismissal of Howard’s appeal count as two strikes against
him for purposes of 28 U.S.C. § 1915(g). Howard has already
accumulated one strike. See Howard v. Thomas, No. 95-50498 (5th
Cir. Jan. 12, 1996)(unpublished). Because he is subject to the
three-strikes bar under the statute, Howard is BARRED from
proceeding 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 28 U.S.C.
§ 1915(g).
APPEAL DISMISSED; MOTIONS DENIED; SANCTION IMPOSED.