Case: 15-20525 Document: 00513706862 Page: 1 Date Filed: 10/05/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 15-20525
Fifth Circuit
FILED
October 5, 2016
JEREMY MUNDINE, Lyle W. Cayce
Clerk
Plaintiff-Appellant
v.
LIEUTENANT GUSTAFSON,
Defendant-Appellee
DIRECTOR TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
Debtor-Appellee
ALL THREE WARDENS OF ELLIS UNIT; OFFICER SMITH; MS. REED;
DOCTOR BETTY WILLIAMS; SENIOR WARDEN M. ROESLER;
ASSISTANT WARDEN GORSUCH; WARDEN LANDIS,
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CV-2169
Before JONES, SMITH, and DENNIS, 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 15-20525 Document: 00513706862 Page: 2 Date Filed: 10/05/2016
No. 15-20525
Jeremy Mundine, Texas prisoner # 1131861, moves for leave to appeal
in forma pauperis (IFP) the dismissal of his 42 U.S.C. § 1983 suit pursuant to
28 U.S.C. § 1915(g). Mundine does not dispute that he has three strikes but
argues that he should not be subject to the § 1915(g) bar because he is in
imminent danger of serious physical injury. In support of his contention, he
asserts that he was required to perform manual labor in violation of medical
restrictions, and, as a result, he suffered severe pain, and his pre-existing back
injury worsened. Mundine acknowledges that he received medical treatment,
additional medical restrictions, and a new work assignment following his most
recent injuries, but he insists that he remains in imminent danger.
Mundine’s allegations do not establish that he is in imminent danger of
serious physical injury. See Baños v. O’Guin, 144 F.3d 883, 884-85 (5th Cir.
1998). Accordingly, his motion for leave to proceed IFP is DENIED, and his
appeal is DISMISSED.
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