United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 18, 2005
Charles R. Fulbruge III
Clerk
No. 04-41706
Summary Calendar
BILLY C BLANTON
Plaintiff - Appellant
v.
REAGAN W DUNCAN, Librarian, Eastham Unit, MARTHA R JACKSON,
Investigator II, Eastham Unit, GARY A WAKEFIELD, Assistant
Warden, Eastham Unit
Defendants - Appellees
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:04-CV-164
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Before KING, Chief Judge, and WIENER and DeMOSS, Circuit Judges.
PER CURIAM:*
Billy C. Blanton, Texas prisoner number 750531, filed the
instant 42 U.S.C. § 1983 civil-rights suit to seek redress for
the defendant prison officials’ alleged retaliation. Blanton
appeals the district court’s dismissal of his suit as frivolous,
and he also moves this court to consolidate this appeal with
another appeal that he filed with this court. Blanton’s motion
to consolidate 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this opinion should not be published and is not precedent except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. 04-41706
-2-
Blanton contends that the district court erred in dismissing
his retaliation claims as frivolous. However, Blanton has not
alleged a series of events from which a plausible retaliation
claim could be gleaned, nor has he offered direct evidence of a
retaliatory motive. See Woods v. Smith, 60 F.3d 1161, 1164 (5th
Cir. 1995). Rather, his claims are based on his own personal
beliefs and conclusional assertions, which are insufficient to
raise a viable retaliation claim. See id. at 1166; Jones v.
Greninger, 188 F.3d 322, 324-25 (5th Cir. 1999).
Blanton has shown no error in the judgment of the district
court. Accordingly, that judgment is AFFIRMED. The district
court’s dismissal of Blanton’s suit and this court’s affirmance
of that dismissal count as a single strike for purposes of 28
U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387
(5th Cir. 1996). Blanton also garnered a strike in a previous
case. See Blanton v. Stacks, No. 04-41501 (5th Cir. June 29,
2005). Blanton is WARNED that if he accumulates three strikes,
he may not proceed in forma pauperis in any civil action or
appeal while he is incarcerated or detained in any facility
unless he is in imminent danger of serious physical injury. See
28 U.S.C. § 1915(g).
MOTION DENIED; JUDGMENT AFFIRMED; SANCTION WARNING ISSUED.