United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 22, 2003
Charles R. Fulbruge III
Clerk
No. 03-50298
Conference Calendar
GILBERT TREVINO,
Plaintiff-Appellant,
versus
LEWIS SAUNDERS; GLENN WOODARD, Sergeant;
DORTHEA COX; CHARLES BELL; JOHN VANDERWERFF,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-00-CV-14
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Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Gilbert Trevino, Texas prisoner # 647409, requests
permission to proceed in forma pauperis (IFP) on appeal from the
judgment rendered in favor of the defendants in his civil rights
suit. He has not, however, addressed the merits of the district
court’s certification decision, see Baugh v. Taylor, 117 F.3d
197, 202 (5th Cir. 1997), and has thus not shown that the
district court erred in certifying that an appeal would not be
*
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that this opinion should not be published and is not precedent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. 03-50298
-2-
taken in good faith. His motion for IFP is therefore DENIED, and
the APPEAL is DISMISSED AS FRIVOLOUS. See id. at n.24; 5TH CIR.
R. 42.2.
Trevino is warned that the dismissal of this appeal as
frivolous counts as a strike under 28 U.S.C. § 1915(g). See
Adepegba v. Hammons, 103 F.3d 383, 385-87 (5th Cir. 1996). We
caution Trevino that once he accumulates three strikes, he may
not proceed IFP 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). Trevino should review any pending appeals and
withdraw any that are frivolous.
IFP DENIED; APPEAL DISMISSED; THREE-STRIKES WARNING ISSUED.