United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 9, 2003
Charles R. Fulbruge III
Clerk
No. 03-60578
Conference Calendar
BRIAN A. YOUNG,
Plaintiff-Appellant,
versus
SHELIA JENKINS, Homicide Detective,
in her individual and official capacity,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:03-CV-22-GR
--------------------
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Brian Young, Mississippi prisoner No. L0787, moves this
court to appoint appellate counsel. The motion is denied. Young
has appealed the dismissal of his in forma pauperis (IFP) civil
rights complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The
district court held that Young’s complaint failed to state a
claim on which relief may be granted because his claims are
*
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that this opinion should not be published and is not precedent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. 03-60578
-2-
barred by the doctrine of by Heck v. Humphrey.** Young has
failed to show that the district court erred in determining that
a judgment in Young’s favor would necessarily implicate the
validity of his conviction and sentence. Accordingly, we affirm
the dismissal of the complaint.
The district court’s dismissal of the complaint and this
court’s affirmance of the dismissal count as one strike against
Young for purposes of 28 U.S.C. § 1915(g). See Adepegba v.
Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Young is warned
that, should he accumulate three strikes, he will be barred
from proceeding 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).
AFFIRMED; MOTION FOR APPOINTMENT OF COUNSEL DENIED;
SANCTIONS WARNING ISSUED.
**
512 U.S. 477, 487 (1994).