United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2003
Charles R. Fulbruge III
Clerk
No. 03-40153
Conference Calendar
AUGUSTUS C. WILLIAMS,
Plaintiff-Appellant,
versus
BRIAN W. RODEEN, Assistant Warden;
SUSAN L. SCHUMACHER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:02-CV-269
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Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Augustus C. Williams, Texas prisoner # 615597, pro se and in
forma pauperis (IFP), appeals the dismissal with prejudice of his
42 U.S.C. § 1983 suit alleging the deprivation of his personal
property. Williams argues that he has proof that his property
was confiscated.
Because Texas has adequate postdeprivation remedies for the
confiscation of prisoner property, such as a tort action for
*
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that this opinion should not be published and is not precedent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. 03-40153
-2-
conversion, Williams has not shown that the district court erred
in dismissing his 42 U.S.C. § 1983 claim for deprivation of
property. See Murphy v. Collins, 26 F.3d 541, 543-44 (5th Cir.
1994). Williams’ appeal is without arguable merit and is
therefore frivolous. See Howard v. King, 707 F.2d 215, 220 (5th
Cir. 1983). Because the appeal is frivolous, it is DISMISSED.
See 5TH CIR. R. 42.2.
The dismissal of the complaint and appeal in this matter
count as “strikes” under 28 U.S.C. § 1915(g). See Adepegba v.
Hammons, 103 F.3d 383, 387 (5th Cir. 1996). Williams has
accumulated at least one additional “strike” based on the
dismissal of a previous civil-rights action as frivolous. See
Williams v. Cockrell, No. 02-40995 (5th Cir. Dec. 11, 2002)
(unpublished).
By accumulating three strikes, Williams is BARRED from
proceeding IFP in any subsequent 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; 28 U.S.C. § 1915(g) BAR INVOKED.