United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
July 9, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-51237
Summary Calendar
ALBERT ZUNIGA,
Plaintiff-Appellant,
versus
UNIVERSITY HEALTH SYSTEM; ROBERT C. SCHENCK, JR., DR.;
JOHN C. SPARKS, DR.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-02-CV-619
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Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Albert Zuniga, prisoner # 528311 in the Bexar County Adult
Detention Center, has filed an application for leave to proceed
in forma pauperis (IFP) on appeal, following the district court's
denial of his motion for a preliminary injunction. By moving for
IFP, Zuniga is challenging the district court's certification
that IFP status should not be granted on appeal because his
appeal is not taken in good faith. Baugh v. Taylor, 117 F.3d
*
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that this opinion should not be published and is not precedent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. 02-51237
-2-
197, 202 (5th Cir. 1997). The district court noted the Zuniga
had submitted no medical opinion showing that he would suffer
irreparable harm if he were not given orthopedic shoes. Zuniga’s
conclusional allegation of irreparable harm is insufficient to
show that the district court abused its discretion in denying
injunctive relief. Lakedreams v. Taylor, 932 F.2d 1103, 1107
(5th Cir. 1991).
Zuniga's appeal is without arguable merit and is frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). The
district court did not err by certifying that the appeal is not
taken in good faith. Zuniga’s motion for leave to proceed IFP is
DENIED. Zuniga’s motion for appointment of counsel is DENIED.
Zuniga's appeal is DISMISSED. Baugh, 117 F.3d at 202 n.24; 5TH
CIR. R. 42.2.
This dismissal of Zuniga’s appeal counts as a strike for
purposes of 28 U.S.C. § 1915(g). Zuniga is warned that should he
accumulate three strikes, for purposes of 28 U.S.C. § 1915(g), he
will be unable to proceed IFP in any civil action or appeal
unless he is under imminent danger of serious physical injury.
IFP DENIED; APPOINTMENT OF COUNSEL DENIED; APPEAL DISMISSED;
SANCTIONS WARNING ISSUED.