IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20577
Summary Calendar
MARTIN T. FRANCO, JR.,
Plaintiff-Appellant,
versus
MR. WILLIAMS, Pack Two Unit;
CLEMENTS UNIT; MS. LYDA, Huntsville
Unit; DARRINGTON UNIT; MARK W.
MICHAEL UNIT; MR. REYES, H.H.
Coffield Unit; MR. ADAMS, James A.
Ferguson Unit; MR. WEST, French M.
Robertson Unit; CHARLES T. TERRELL
UNIT; MR. DEAN, George J. Beto One Unit;
JAMES A. ALLRED UNIT; ALFRED D. HUGHES
UNIT; RAMSEY ONE UNIT,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CV-1171
October 17, 2002
Before GARWOOD, JOLLY, and SMITH, Circuit Judges.
PER CURIAM:*
Martin T. Franco, Jr. (Franco), Texas prisoner #490569,
appeals the district court’s dismissal of his 42 U.S.C. § 1983
*
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opinion should not be published and is not precedent except under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.
complaint. The district court dismissed the complaint because it
was filed in violation of district court sanction orders.
Although we construe the briefs of pro se litigants liberally,
see Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir. 1995), Franco has
provided no understandable argument on the issue of whether the
district court erred in dismissing his suit on account of the
sanction orders. He has, therefore, waived the only issue for
appeal. Id.
This appeal is without merit and frivolous, see Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983), and is therefore
DISMISSED. See 5TH CIR. R. 42.2. This court’s dismissal as
frivolous also constitutes one strike for purposes of the three-
strikes provision of the Prison Litigation Reform Act of 1995. See
28 U.S.C. § 1915(g); see Adepegba v. Hammons, 103 F.3d 383, 388
(5th Cir. 1996) (“[B]oth the frivolous appeal and a lower court’s
dismissal as frivolous count.”). Franco is WARNED that if he
accumulates three strikes he will be unable to proceed in forma
pauperis in any civil action or appeal 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) SANCTION WARNING ISSUED.
2