United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 20, 2004
Charles R. Fulbruge III
Clerk
No. 04-40180
Conference Calendar
ROBERT HADDIX, JR.,
Plaintiff-Appellant,
versus
STEPHANIE STEPHENS, Assistant District Attorney; JAY
JACKSON, Attorney at Law; JOHN HEATH, JR., Attorney at Law,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:03-CV-254
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Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Robert Haddix, Jr., Texas prisoner # 1175826, filed a 42
U.S.C. § 1983 complaint alleging that the defendants had
conspired to deny him a fair and impartial trial. The district
court held that Haddix’s claims were barred by Heck v. Humphrey,
512 U.S. 477 (1994). Haddix has failed to brief the district
court’s Heck determination, and, therefore, that issue is waived
and unreviewable. See Yohey v. Collins, 985 F.2d 222, 224-25
*
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this opinion should not be published and is not precedent except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. 04-40180
-2-
(5th Cir. 1993). He consequently cannot show the district
court’s resolution of his claims to be erroneous.
Haddix’s appeal therefore lacks arguable merit and is
dismissed as frivolous. See 5TH CIR. R. 42.2; Howard v. King,
707 F.2d 215, 219-20 (5th Cir. 1983). Haddix is warned that 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, 387 (5th Cir. 1996). We warn Haddix that once he
accumulates three strikes, he may not proceed 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).
APPEAL DISMISSED; STRIKE WARNING ISSUED.