United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 17, 2004
Charles R. Fulbruge III
Clerk
No. 03-60625
Conference Calendar
MARK DANE ROGERS,
Plaintiff-Appellant,
versus
WILLIAM RICHARDSON; DEBBIE GRAHAM; LINDA KEETON;
BOBBY BOBBITT,
Defendants-Appellees.
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MARK DANE ROGERS,
Plaintiff-Appellant,
versus
GARY THAGGARD; JOE THORNTON; H. RAGSDALE,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC Nos. 3:01-CV-928-BN &
3:02-CV-500-N
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
*
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this opinion should not be published and is not precedent except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. 03-60625
-2-
Mark Dane Rogers, now Mississippi prisoner # 41282, appeals
from the magistrate judge’s judgment for the defendants in his
consolidated civil-rights lawsuits, filed pursuant to 42 U.S.C.
§ 1983, alleging that he was deprived of proper medical care
while he was a pretrial detainee. His sole argument on appeal is
that the magistrate judge utilized an incorrect legal standard
when considering his claims. Examination of the record shows
that the magistrate judge used the same legal standard asserted
by Rogers in the instant appeal.
The instant appeal is without arguable merit and is thus
frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir.
1983). Accordingly, the appeal is DISMISSED. See 5TH CIR. R.
42.2.
The dismissal of this appeal counts as a strike for purposes
of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383,
387-88 (5th Cir. 1996). We caution Rogers 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; SANCTION WARNING ISSUED.