IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20576
Summary Calendar
THERON BELTON,
Plaintiff-Appellant,
versus
REGINA GROSCHKE; DIANE COBB; LAWRENCE A. STOKER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CV-1035
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October 11, 2002
Before JOLLY, PARKER and CLEMENT, Circuit Judges.
PER CURIAM:*
Theron Belton, Texas prison # 845198, appeals the dismissal
of his civil rights complaint under 42 U.S.C. § 1983. Belton
moves to file a supplemental brief to raise a new claim of
intentional infliction of emotional distress. We may not
consider a claim raised for the first time on appeal. Leverette
v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
Belton’s motion to file a supplemental brief is DENIED.
*
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that this opinion should not be published and is not precedent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. 02-20576
-2-
Belton argues that the district court erred in dismissing
his claim, that he had been denied access to the courts by a
delay in his mail, pursuant to § 1915(e)(2)(B)(ii) for failure to
state a claim upon which relief can be granted. Prisoners have a
constitutionally protected right of access to the courts;
however, to prevail on a denial-of-access claim, a plaintiff must
show an actual injury. Lewis v. Casey, 518 U.S. 343, 350-52
(1996). Belton alleges that he was thwarted in challenging his
current conviction by a delay to his legal mail. The record
shows that Belton filed a timely 28 U.S.C. § 2254 application
challenging his current conviction. The district court did not
err in dismissing Belton’s complaint because he has not shown an
actual injury. See Black v. Warren, 134 F.3d 732, 733-34 (5th
Cir. 1998). Belton's appeal is without arguable merit and is
DISMISSED. 5TH CIR. R. 42.2.
Belton has at least two verified strikes against him.
Belton v. Henson, No. 01-41324 (5th Cir. Aug. 20, 2002)
(unpublished). Belton has acquired another two strikes as a
result of the dismissals of his complaint and appeal. Belton may
no longer proceed in forma pauperis (IFP) in any civil action or
appeal filed while he is in prison unless he is under imminent
danger of serious physical injury. See 28 U.S.C. § 1915(g);
Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996).
APPEAL DISMISSED; MOTION DENIED; BAR IMPOSED.