IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20388
Summary Calendar
JERRY LEONARD FAIRRIS,
Plaintiff-Appellant,
versus
S. SMITH, Assistant Warden; J. MORGAN;
H. H. HARRIS, Captain; S. ALLEN, Lieutenant,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CV-260
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November 7, 2002
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Jerry Leonard Fairris, Texas prisoner # 432739, appeals the
district court’s dismissal of his civil rights complaint for
failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
Fairris argues that Texas Department of Criminal Justice officials
violated his First Amendment right to free exercise of his
religious beliefs as a member of the “Church of Aryan Nation Jesus
Christ Christian” by requiring him to live in an integrated two-man
*
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that this opinion should not be published and is not precedent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. 02-20388
-2-
cell. Racial integration does not violate Fairris’ First Amendment
right to free exercise of religion. See Creel v. Hale, No. 92-8666
(5th Cir. May 6, 1993) (unpublished).** Because Fairris has no
constitutionally protected interest in a racially-segregated cell
assignment, the district court did not err in dismissing his
complaint for failure to state a claim pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii). See Black v. Warren, 134 F.3d 732, 734 (5th
Cir. 1998).
Fairris’ appeal is without arguable merit and is frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is DISMISSED. See 5TH CIR. R. 42.2.
The district court’s dismissal of Fairris’ complaint and the
dismissal of this appeal both count as strikes under 28 U.S.C. §
1915(g). Fairris is cautioned that if he accumulates three
“strikes” under 28 U.S.C. § 1915(g), he will not be able to 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.
**
Because Creel was issued before January 1, 1996, it is
precedential. See 5TH CIR. R. 47.5.3.