Case: 14-40284 Document: 00512705079 Page: 1 Date Filed: 07/21/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-40284 FILED
July 21, 2014
CURTIS LEE SHEPPARD,
Lyle W. Cayce
Clerk
Plaintiff-Appellant
v.
BRAD LIVINGSTON, Individually and in His Official Capacity as Assistant
Warden, TDCJ-CID; DARREN B. WALLACE, Individually and in His Official
Capacity as Assistant Warden; HENRY E. ADAMS, Individually and in His
Official Capacity as Captain; KEVIN D. MASTERS, Individually and in His
Official Capacity as Major; PEDRO BOYKIN, Individually and in His Official
Capacity as Captain,
Defendants-Appellees
Appeals from the United States District Court
for the Eastern District of Texas
USDC No. 1:12-CV-169
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
Curtis Lee Sheppard, Texas prisoner # 1656666, filed a 42 U.S.C. § 1983
complaint against certain prison employees, arguing that they violated his
First Amendment rights by interfering with the practice of his Rastafarian
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 14-40284 Document: 00512705079 Page: 2 Date Filed: 07/21/2014
No. 14-40284
religion. He moved for a preliminary injunction, and the district court denied
his motion. He filed an appeal from the denial of that motion and a motion to
proceed in forma pauperis (IFP) on appeal. The district court denied
Sheppard’s motion to proceed IFP under the three-strikes provision of 28
U.S.C. § 1915(g).
Sheppard has accumulated three strikes, and he fails to show that he
was under imminent danger of serious physical injury at the time he sought to
file his suit in the district court, proceed with his appeal, or file a motion to
proceed IFP. See Baños v. O’Guin, 144 F.3d 883, 884 (5th Cir. 1998); § 1915(g).
Accordingly, IT IS ORDERED that his motion to proceed IFP on appeal is
DENIED and his appeal from the district court’s denial of his motion for a
preliminary injunction is DISMISSED. The appeal may be reinstated if
Sheppard pays the full appellate filing fee within 15 days of this dismissal.
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