IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20353
Summary Calendar
CLYDE URA CAIN, SR.,
Plaintiff-Appellant,
versus
MARY TERRY; CAPTAIN WEDGEWORTH;
JAY MORGAN; KENT RAMSEY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CV-4011
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August 15, 2001
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Clyde Ura Cain, Sr., a Texas prisoner (# 401418), appeals
the district court’s order dismissing his 42 U.S.C. § 1983 civil
rights complaint for failure to state a claim upon which relief
may be granted, pursuant to 28 U.S.C. § 1915A(b). Cain alleged
that the defendants violated the due process protections of Wolff
v. McDonnell, 418 U.S. 539 (1974), in connection with
disciplinary proceedings against him; Cain asserts that the
disciplinary charges were false. The district court did not err
in concluding that the period of solitary confinement and other
*
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that this opinion should not be published and is not precedent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. 01-20353
-2-
punishments imposed upon Cain did not implicate a liberty
interest under the Due Process Clause. See Sandin v. Conner, 515
U.S. 472, 483-84 (1995); Pichardo v. Kinker, 73 F.3d 612, 612
(5th Cir. 1996). The court did not err in finding that the
complaint failed to state a claim. See Ruiz v. United States,
160 F.3d 273, 274-75 (5th Cir. 1998).
Because Cain’s appeal is without arguable merit, the appeal
is DISMISSED as frivolous. 5TH CIR. R. 42.2; see Howard v. King,
707 F.2d 215, 219-20 (5th Cir. 1983). The dismissal of the
instant appeal as frivolous and the district court’s dismissal of
his § 1983 complaint under § 1915A(b) each count as a “strike”
under the three-strikes provision of 28 U.S.C. § 1915(g). See
Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996). Cain is
cautioned that, once he accumulates three strikes, he may not
proceed 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 § 1915(g).
APPEAL DISMISSED; SANCTION WARNING ISSUED.