United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS June 23, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-21136
Conference Calendar
REGGIE L. McCOY,
Plaintiff-Appellant,
versus
CARL CASTERLINE, Warden; NEIL ADLER, Warden; BOBBY C. TYLER,
Associate Warden; GRONDOLSKI, Associate Warden, STAFF MEMBERS
NAMES UNKNOWN,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-03-CV-4439
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Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Reggie L. McCoy, federal prisoner # 11732-018, appeals from
the district court’s dismissal of his civil rights action as
malicious. McCoy asserts that this court should address the
merits of his claims. McCoy has also filed a motion in this
court requesting equitable relief from alleged prison
overcrowding and other conditions of confinement. This motion is
DENIED.
*
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this opinion should not be published and is not precedent except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. 03-21136
-2-
McCoy does not contend that the district court erred in
determining that the present civil rights lawsuit was duplicative
of his previous lawsuit and dismissing the action because it was
malicious. McCoy has failed to brief a dispositive issue for
appeal and has therefore abandoned that issue. See Brinkmann v.
Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.
1987). McCoy’s appeal is without arguable merit and is therefore
dismissed as frivolous. Howard v. King, 707 F.2d 215, 219-20
(5th Cir. 1983).
McCoy is cautioned that the district court’s dismissal of
his complaint and the dismissal of this appeal both count as
“strikes” under 28 U.S.C. § 1915(g). See Adepegba v. Hammons,
103 F.3d 383, 388 (5th Cir. 1996). McCoy is also advised that if
he accumulates three strikes, he will be barred from proceeding
in forma pauperis 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). McCoy is advised to review any pending pleadings or
appeals to ensure that they do not raise any frivolous claims.
APPEAL DISMISSED; MOTION DENIED; SANCTION WARNING ISSUED.