United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 13, 2003
Charles R. Fulbruge III
Clerk
No. 03-40317
Summary Calendar
ROQUE ARANDA,
Plaintiff-Appellant,
versus
THOMAS PRASIFKA, Warden;
JOANN DAVIS; ROSEMARY HEINSOHN,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-02-CV-436
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Roque Aranda, Texas prisoner # 805045, appeals the district
court’s dismissal of his civil rights lawsuit pursuant to
42 U.S.C. § 1983. The district court dismissed the suit because
Aranda failed to comply with a sanction order issued by another
district court within the same district which required Aranda to
pay a monetary sanction and to obtain judicial approval prior to
submitting any filings to the clerk of the court for the Southern
District of Texas.
*
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that this opinion should not be published and is not precedent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. 03-40317
-2-
The district court did not abuse its discretion in
dismissing the suit for failure to comply with the sanction
order. Balawajder v. Scott, 160 F.3d 1066, 1068 (5th Cir. 1998).
Aranda argues that he paid the monetary sanction, but he failed
to comply with the requirement to obtain judicial approval prior
to filing his suit. See id.
This appeal is without arguable merit and is thus 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.
Aranda is subject to the three-strikes bar of 28 U.S.C.
§ 1915(g). See Aranda v. Simpson, No. 01-20064, at 2 (5th Cir.
June 13, 2001) (unpublished). While this appeal was pending,
this court warned Aranda that the filing of frivolous pleadings
would invite the imposition of sanctions. See Aranda v. Texas
Bd. of Pardons and Parole, No. 03-40202, at 2 (5th Cir. May 6,
2003) (unpublished). To avoid sanctions for any matter that may
be pending, Aranda should review all pending matters and move to
voluntarily dismiss any that are frivolous.
APPEAL DISMISSED, SANCTION WARNING ISSUED.