IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-60169
Conference Calendar
EDWARD WHITAKER,
Plaintiff-Appellant,
versus
WALTER BOOKER, Superintendent, Community Service Director at
Parchman; JOHN WALLER, Chairperson on Classification Committee at
Parchman; VICTORIA GRANDERSON, Correctional Officer, Trainee,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:00-CV-223-B-A
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October 26, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Edward Whitaker, Mississippi prisoner #R8074, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 complaint as
frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Whitaker
asserted a “failure-to-protect” claim arising from another
inmate’s stabbing of him. Whitaker has not sufficiently alleged
deliberate indifference because he has failed to allege that
prison officials knew that he faced a substantial risk of serious
harm and that the officials disregarded that risk by failing to
*
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this opinion should not be published and is not precedent except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. 01-60169
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take reasonable measures to abate it. Farmer v. Brennan, 511
U.S. 825, 847 (1994). The district court did not err in
dismissing his complaint as frivolous.
Whitaker’s appeal is frivolous, and it is hereby DISMISSED.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR.
R. 42.2. Whitaker is WARNED that the district court’s dismissal
of the present case as frivolous and this court’s dismissal of
his appeal as frivolous count as two strikes against him for
purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103
F.3d 383, 387-88 (5th Cir. 1996).
APPEAL DISMISSED.