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. 03-30330
Conference Calendar
JESSIE STEPHENS,
Plaintiff-Appellant,
versus
SALLY GRYDER; RICHARD L. STALDER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CV-2464
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jessie Stephens, Louisiana prisoner no. 94547, appeals the
district court’s dismissal of his civil rights complaint as
frivolous and he argues that the district court erred by
dismissing the complaint with prejudice because he paid the full
filing fee.
The district court determined that Stephens’ claim for
reimbursement of unpaid incentive wages was frivolous because he
failed to allege that the defendants intentionally deprived him
*
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that this opinion should not be published and is not precedent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. 03-30330
-2-
of property and because Louisiana law provides an adequate post-
deprivation remedy for his claim. We find no error in the
district court’s determination. Because the complaint was
frivolous, it was subject to dismissal regardless whether
Stephens paid the filing fee. 28 U.S.C. § 1915A. This appeal is
likewise frivolous, and we dismiss it as such. Howard v. King,
707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2.
The district court’s dismissal of the complaint as frivolous
and our dismissal of this appeal count as “strikes” for purposes
of 28 U.S.C. § 1915(g). Adepegba v. Hammons, 103 F.3d 383,
387-88 (5th Cir. 1996). We caution Stephens that he now has two
strikes under § 1915(g) and that, if he accumulates one more
strike, 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 AS FRIVOLOUS; SANCTIONS WARNING ISSUED.