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. 05-60853
Conference Calendar
CARL WATTS,
Plaintiff-Appellant,
versus
ANTHONY H. OGLESBY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 4:05-CV-123
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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)(ii) dismissal for failure to state a
claim of his 42 U.S.C. § 1983 lawsuit against his court-appointed
counsel in a criminal matter. Although he renews the allegations
of his complaint, Watts does not challenge the district court’s
conclusion that his claims were improperly brought in a § 1983
action, were barred by Heck v. Humphrey, 512 U.S. 477 (1994), or
failed for lack of state action. By failing to brief any
*
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this opinion should not be published and is not precedent except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. 05-60853
-2-
argument challenging the district court’s reasons for dismissal,
Watts has 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. Bailey, No. 05-60822 (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.