IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20179
Summary Calendar
IRVING DEAN ELLIOT, also known as Al Yasa Muhammad,
Plaintiff-Appellant,
versus
MICHAEL GEERDS, Captain; McCLURE, Assistant Warden;
KITCHEN, Captain; Chaplain E. FARUQ,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CV-1290
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July 6, 2001
Before JOLLY, DAVIS and STEWART, Circuit Judges.
PER CURIAM:*
Irving Elliot, Texas prisoner # 384725, seeks leave to
proceed in forma pauperis (IFP) following the district court’s
dismissal of his civil rights suit and the court’s certification
pursuant to 28 U.S.C. § 1915(a)(3) that his appeal is not being
taken in good faith. By moving for IFP in this court, Elliot is
challenging the district court’s determination that the appeal is
*
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that this opinion should not be published and is not precedent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.
O R D E R
No. 01-20179
- 2 -
not being taken in good faith. See Baugh v. Taylor, 117 F.3d
197, 202 (5th Cir. 1997).
Liberally construed, Elliot’s argument is that the district
court should have ordered the production of documents or
conducted an evidentiary hearing to more fully examine Elliot’s
claims before dismissing the complaint. Elliot has not
identified a nonfrivolous issue for appeal, and he has not shown
that the denial of IFP status by the district court was error.
See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).
Elliot’s appeal lacks arguable merit and is DISMISSED AS
FRIVOLOUS. See id. at 219-20. The dismissal of the appeal
counts as a strike under 28 U.S.C. § 1915(g). The district
court’s dismissal of his 42 U.S.C. § 1983 suit also counts as
strike under 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103
F.3d 383, 385-87 (5th Cir. 1996). Elliot is cautioned that if he
accumulates three strikes, he may not proceed IFP in a 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).
Elliot’s motions for an evidentiary hearing and for the
production of documents are DENIED.