United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS June 29, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-11158
Summary Calendar
CONCHITA WASHINGTON,
Plaintiff-Appellant,
versus
LUCY MALLISHAM, Warden, Federal Medical Center-Carswell;
HARLEY LAPPIN, Director, Federal Bureau of Prisons;
FEDERAL BUREAU OF PRISONS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:03-CV-1227-A
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ON PETITION FOR REHEARING
Before JOLLY, WIENER, and PICKERING, Circuit Judges.
PER CURIAM:
IT IS ORDERED that the motion filed on May 24, 2004, is
construed as a petition for panel rehearing and that petition is
GRANTED. We STRIKE the last paragraph in our previous opinion
and replace it with the following:
Accordingly, the district court’s
judgment is AFFIRMED. The district court’s
dismissal for failure to state a claim counts
as one strike for purposes of 28 U.S.C.
§ 1915(g). See Adepegba v. Hammons, 103 F.3d
383, 387 (5th Cir. 1996). Washington is
warned that if she accumulates three strikes,
she may not proceed in forma pauperis in any
O R D E R
No. 03-11158
-2-
civil action or appeal filed while she is
incarcerated or detained in any facility
unless she is under imminent danger of
serious physical injury. See 28 U.S.C.
§ 1915(g).
Any other relief sought in Washington’s petition for panel
rehearing is DENIED.