United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 9, 2004
Charles R. Fulbruge III
Clerk
No. 03-51260
Summary Calendar
CLENTIS L. TURNER,
Plaintiff-Appellant,
versus
STATE OF TEXAS BOARD OF PARDONS;
GERALD GARRETT,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-02-CV-11
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Before JOLLY, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
Clentis L. Turner, Texas prisoner #498120, has filed a
motion for leave to proceed in forma pauperis (IFP) on appeal,
following the district court’s dismissal of his 42 U.S.C. § 1983
civil rights action. By moving for IFP status, Turner is
challenging the district court’s certification that IFP status
should not be granted on appeal because his appeal is not taken
*
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that this opinion should not be published and is not precedent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. 03-51260
-2-
in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir.
1997).
As Turner has not identified a nonfrivolous issue for
appeal, his request for IFP status is DENIED, and his appeal
is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 & n.24;
5TH CIR. R. 42.2. The dismissal of this appeal as frivolous
counts as a “strike” for purposes of 28 U.S.C. § 1915(g).
See Adepegba v. Hammons, 103 F.3d 383, 385-87 (5th Cir. 1996).
Turner therefore has two “strikes” under 28 U.S.C. § 1915(g),
including the one imposed by the district court. Turner is
warned that if he accumulates three “strikes” pursuant to 28
U.S.C. § 1915(g), 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).
IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS; STRIKE WARNING
ISSUED.