United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 16, 2005
Charles R. Fulbruge III
Clerk
No. 04-30946
Conference Calendar
ROBERT C. FULLER,
Plaintiff-Appellant,
versus
STEVE MIDDLETON; LEROY HOLIDAY;
UNKNOWN HALEY; UNKNOWN MCWILLIAMS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:03-CV-1245-SMH
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Robert C. Fuller, Louisiana prisoner # 440355, appeals the
district court’s denial of his motion to reinstate his civil
rights complaint. However, Fuller has failed to address the
district court’s denial of the motion to reinstate and, thus, the
issue is deemed abandoned. See Brinkmann v. Dallas County Deputy
Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
Fuller’s appeal is without arguable merit and is dismissed
as frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
*
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this opinion should not be published and is not precedent except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. 04-30946
-2-
1983); 5TH CIR. R. 42.2. The dismissal of this appeal as
frivolous counts as a strike under 28 U.S.C. § 1915(g). See
Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). The
district court previously dismissed one of Fuller’s actions as
frivolous. See Fuller v. Calloway, No. 1:04-CV-2022-FAL (W.D.
La. Dec. 27, 2004). Thus, Fuller has accumulated two strikes for
purposes of 28 U.S.C. § 1915(g). Fuller is cautioned that if he
accumulates three strikes under 28 U.S.C. § 1915(g), he will no
longer be allowed to 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 AS FRIVOLOUS; SANCTION WARNING ISSUED.