United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 28, 2006
Charles R. Fulbruge III
Clerk
No. 05-60822
Conference Calendar
CARL WATTS,
Plaintiff-Appellant,
versus
ROBERT BAILEY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 4:05-CV-122
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Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Carl Watts, Mississippi prisoner # 77138, appeals the
28 U.S.C. § 1915(e)(2)(B)(iii) dismissal as frivolous of his
42 U.S.C. § 1983 lawsuit against a state-court judge. Although
he renews the allegations of his complaint, Watts does not
challenge the district court’s conclusion that his claims
were either unexhausted within the meaning of 28 U.S.C.
§ 2254(b)(1)(A) or failed because Judge Bailey is entitled to
absolute judicial immunity. By failing to brief any argument
challenging the district court’s reasons for dismissal, Watts has
*
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this opinion should not be published and is not precedent except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. 05-60822
-2-
abandoned the only grounds for appeal. See Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir. 1993). The appeal is wholly
without arguable merit, is frivolous, and is therefore dismissed.
See 5TH CIR. R. 42.2; Howard v. King, 707 F.2d 215, 219-20 (5th
Cir. 1983).
The district court’s dismissal of Watts’ complaint counts
as a strike for purposes of 28 U.S.C. § 1915(g), as does the
dismissal of the instant appeal. See Adepegba v. Hammons,
103 F.3d 383, 387-88 (5th Cir. 1996). Watts has accumulated two
strikes in Watts v. Oglesby, No. 05-60853 (5th Cir. Aug. 25,
2006). Because Watts has now accumulated more than three
strikes, he is barred from proceeding 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).
DISMISSED AS FRIVOLOUS; 28 U.S.C. § 1915(g) BAR IMPOSED.