UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30551
Summary Calendar
MOSES TOOMER,
Plaintiff-Appellant,
versus
CONNIE BOWSER; CONNIE KENEDY,
Defendants-Appellees.
Appeal from the United States District Court
for the Middle District of Louisiana
(01-CV-473)
October 9, 2002
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Moses Toomer, Louisiana prisoner # 315519, appeals the
district court’s dismissal as frivolous of his 42 U.S.C. § 1983
action. He asserts: Defendants altered one of his prison
grievances by erasing “rejected” and stamping it “accepted”; and
the “accepted” grievance was forwarded to the district court.
Toomer claims this interfered either with his right of access to
the courts or with his prison grievance proceedings.
*
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that this opinion should not be published and is not precedent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.
Toomer does not indicate how he was prejudiced in the district
court by Defendants’ alleged action, and he has not established a
claim that he was denied access to the courts. See Chriceol v.
Phillips, 169 F.3d 313, 317 (5th Cir. 1999). His contention that
the initial rejection of his grievance interfered with his
grievance procedures is also without merit, given his voluntarily
choosing not to attend the hearing to determine whether to restore
his good time credit.
The dismissal as frivolous of this § 1983 complaint was not an
abuse of discretion. Siglar v. Hightower, 112 F.3d 191, 193 (5th
Cir. 1997). This appeal lacks arguable merit and is DISMISSED AS
FRIVOLOUS. See 5th Cir. R. 42.2; Howard v. King, 707 F.2d 215,
219-20 (5th Cir. 1983).
The dismissals by the district court and this court count as
two strikes for purposes of 28 U.S.C. § 1915(g). See Adepegba v.
Hammons, 103 F.3d 383, 385 (5th Cir. 1996). Toomer is WARNED that,
if he receives a third strike, he may not proceed in forma pauperis
in any civil action or appeal while he is incarcerated in any
facility, unless he is in imminent danger of serious physical
injury.
DISMISSED AS FRIVOLOUS; SANCTIONS WARNING GIVEN
2