United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 21, 2006
Charles R. Fulbruge III
Clerk
No. 05-60084
Conference Calendar
JIMMY L. TURNER,
Plaintiff-Appellant,
versus
HALEY BARBOUR, Governor of Mississippi; DONALD A. CABANA,
Superintendent; CHRISTOPHER B. EPPS, Mississippi Department of
Corrections System Commissioner; BILL STEIGER, Mississippi State
Penitentiary Hospital Unit 42; BRIAN LADNER, CMCF-7/20, Associate
Warden; ET AL,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:04-CV-380
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Jimmy L. Turner, Mississippi prisoner # 57300, has filed a
motion to proceed in forma pauperis (IFP) on appeal, challenging
the district court’s certification that his appeal is not taken
in good faith. See Baugh v. Taylor, 117 F.3d 197, 199-202 (5th
Cir. 1997). The district court dismissed the suit for failure to
*
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this opinion should not be published and is not precedent except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. 05-60084
-2-
exhaust, pursuant to 42 U.S.C. § 1997e, and denied permission to
proceed IFP on appeal.
Turner has not demonstrated any nonfrivolous ground for
appeal. He argues only that he is entitled to proceed IFP
because he is financially eligible, because he submitted the
appropriate documentation of his poverty, and because at all
times he has been in imminent danger of injury and has been
seriously physically injured. He makes no argument regarding the
dismissal of his complaint for failure to exhaust. Turner’s IFP
motion is denied, and the appeal is dismissed as frivolous. See
Baugh, 117 F.3d at 202; 5TH CIR. R. 42.2.
The dismissal of this appeal as frivolous counts as a strike
for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons,
103 F.3d 383, 388 (5th Cir. 1996). Turner is cautioned that once
he accumulates three strikes, he may not proceed 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).
IFP MOTION DENIED; APPEAL DISMISSED; SANCTION WARNING
ISSUED.