United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 11, 2006
Charles R. Fulbruge III
Clerk
No. 05-40609
Conference Calendar
MICHAEL LYNN BRADDEN,
Plaintiff-Appellant,
versus
AUREL L. ADAMS; MURRY A. FUNDERBURG,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:04-CV-462
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Michael Lynn Bradden, Texas inmate No. 1171646, has appealed
the dismissal of his in forma pauperis (IFP) civil rights
complaint pursuant to 28 U.S.C. § 1915A(b). Section 1915A
directs the district court to dismiss sua sponte any frivolous
complaint filed by a prisoner against a “governmental entity or
officer or employee of a governmental entity.” 28 U.S.C.
§ 1915A(b). A complaint is frivolous if it lacks an arguable
*
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this opinion should not be published and is not precedent except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. 05-40609
-2-
basis in fact or if it is based on an indisputably meritless
legal theory. Berry v. Brady, 192 F.3d 504, 507 (5th Cir. 1999).
Bradden alleged that he was denied prescription medication
in deliberate indifference to his serious medical needs. The
magistrate judge** held that the complaint was frivolous because
Bradden’s claims lacked an arguable legal basis. Bradden has
failed to demonstrate that the defendants were deliberately
indifferent to a serious medical need or that the magistrate
judge erred by dismissing the complaint as frivolous. Velasquez
v. Woods, 329 F.3d 420, 421 (5th Cir. 2003); Domino v. Texas
Dep't of Criminal Justice, 239 F.3d 752, 756 (5th Cir. 2001).
Accordingly, we affirm the dismissal of the complaint.
The dismissal of the complaint and this court’s affirmance
of the dismissal count as one strike against Bradden for purposes
of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383,
387-88 (5th Cir. 1996). Bradden is warned that, should he
accumulate three strikes, he will be barred from proceeding IFP
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).
AFFIRMED; SANCTION WARNING ISSUED.
**
The parties consented to proceed before a magistrate
judge pursuant to 28 U.S.C. § 636(c).