United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 19, 2003
Charles R. Fulbruge III
Clerk
No. 03-30254
Conference Calendar
LARRY DINELL DAVIS,
Plaintiff-Appellant,
versus
C.M. LENSING; ELAYN HUNT CORRECTIONAL CENTER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 03-CV-47-D-M1
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Larry Dinell Davis, Louisiana prisoner No. 260148, appeals
the district court’s dismissal of his civil rights complaint as
frivolous. The district court determined that Davis’s claims are
barred by the Eleventh Amendment and that Louisiana law offers
Davis an adequate post-deprivation remedy for his claims of
unpaid wages and lost or destroyed property. We find no error in
the district court’s determination.
*
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that this opinion should not be published and is not precedent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. 03-30254
-2-
Davis’s appeal is thus 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. 5TH
CIR. R. 42.2.
The dismissal of this appeal and the dismissal as frivolous
by the district court each count as a “strike” for purposes of 28
U.S.C. § 1915(g). Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th
Cir. 1996). Davis, therefore, has two “strikes” under 28 U.S.C.
§ 1915(g). We caution Davis that once he accumulates three
strikes, he may not 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. See 28 U.S.C. § 1915(g).
APPEAL DISMISSED; SANCTIONS WARNING ISSUED.