IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41164
Conference Calendar
DARRELL WAYNE JOHNSON,
Plaintiff-Appellant,
versus
N. JACKSON, Major; JACKSON, Miss; GROVER, Captain,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-00-CV-111
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April 10, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Darrell Wayne Johnson appeals the dismissal of his 42 U.S.C.
§ 1983 suit. Johnson’s brief is inadequate as it fails to cite
to any facts or authorities supporting his claims. See Yohey v.
Collins, 985 F.2d 222, 224-25 (5th Cir. 1993) (failure to brief
issue adequately, even by pro se appellant, constitutes
abandonment of claim). Further, he fails to demonstrate how the
purported deletion of his mental status from Texas prison records
violates any federal constitutional or statutory rights.
*
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that this opinion should not be published and is not precedent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. 00-41164
-2-
For the foregoing reasons, we dismiss Johnson’s appeal as
frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir.
1983). The magistrate judge’s dismissal of Johnson’s complaint
and this court’s dismissal of the appeal as frivolous 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). The district
court also dismissed a prior 42 U.S.C. § 1983 action by Johnson
as frivolous. See Johnson v. Weseman, No. C-00-280 (S.D. Tex.
Sept. 13, 2000). Thus, Johnson has three “strikes” and is now
barred from proceeding in forma pauperis pursuant to 28 U.S.C.
§ 1915 while he is incarcerated or detained in any facility
unless he is under imminent danger of serious physical injury.
APPEAL DISMISSED; 28 U.S.C. § 1915(g) BAR ORDERED.