IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10907
Conference Calendar
CHARLES RAY GOSS,
Plaintiff-Appellant,
versus
MONTFORD UNIT; NFN JETER, Lieutenant,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:01-CV-149-C
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December 12, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Charles Ray Goss (Texas prisoner #923183) appeals the
district court’s dismissal of his civil rights action under
28 U.S.C. § 1915(e)(2)(B) as frivolous and for failure to state a
claim. He argues that his complaint should not have been
dismissed because the racial slur and the other statements made
to him by Lieutenant Jeter violated his Fourteenth Amendment
equal-protection right to be free from racial discrimination.
Goss’ argument, however, is unavailing. See Williams v. Bramer,
180 F.3d 699, 706 (5th Cir. 1999)(stating that “[w]here 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that this opinion should not be published and is not precedent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. 01-10907
-2-
conduct at issue consists solely of speech, there is no equal
protection violation”); Bender v. Brumley, 1 F.3d 271, 274 n.4
(5th Cir. 1993)(stating that allegations of verbal abuse as well
as threatening language and gestures on the part of a
correctional officer do not rise to the level of a constitutional
violation). Accordingly, the district court did not err in
dismissing Goss’ complaint. See Bass v. Parkwood Hosp., 180 F.3d
234, 240 (5th Cir. 1999).
Goss’ appeal is frivolous and is therefore DISMISSED. See
Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR.
R. 42.2. The dismissal of Goss’ complaint as frivolous and for
failure to state a claim and the dismissal of this appeal as
frivolous each count as a strike for the purposes of 28 U.S.C.
§ 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 385-87 (5th
Cir. 1996). We caution Goss 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 28 U.S.C. § 1915(g).
APPEAL DISMISSED; 28 U.S.C. § 1915(g) WARNING ISSUED.