Case: 20-10863 Document: 00515981561 Page: 1 Date Filed: 08/17/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 17, 2021
No. 20-10863
Lyle W. Cayce
Clerk
Michael S. Owl Feather-Gorbey,
also known as Michael S. Gorbey,
Plaintiff—Appellant,
versus
NFN NLN, Administrator of Designations;
NFN NLN, Designation Staff;
U.S. Attorney General, United States,
Defendants—Appellees.
Appeal from the United States District Court
for the Northern District of Texas
No. 3:20-CV-1311
Before King, Smith, and Willett, Circuit Judges.
Per Curiam:*
Michael Owl Feather-Gorbey, federal prisoner #3405-013, moves to
proceed in forma pauperis (“IFP”) following the dismissal of his complaint
per 28 U.S.C. § 1915(g). Gorbey has failed to show that he should be allowed
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin-
ion should not be published and is not precedent except under the limited circumstances
set forth in 5th Circuit Rule 47.5.4.
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No. 20-10863
to proceed IFP on appeal under § 1915(g). See Banos v. O’Guin, 144 F.3d
883, 885 (5th Cir. 1998). Further, his theory that the district court violated
his right of access to the courts lacks merit. See Carson v. Johnson, 112 F.3d
818, 821 (5th Cir. 1997).
Accordingly, Gorbey’s motion for leave to proceed IFP is DENIED.
Further, because the IFP decision is “inextricably intertwined” with the
merits of the issue on appeal, his appeal from the dismissal is frivolous and is
DISMISSED. See 5th Cir. R. 42.2; Baugh v. Taylor, 117 F.3d 197, 202
& n.24 (5th Cir. 1997).
Gorbey’s motion for judicial notice is also DENIED. See Fed. R.
Evid. 201(b). In any event, to the extent that he seeks to supplement the
record in support of his IFP motion, the new evidence that he has submitted
fails to make the requisite showing under § 1915(g).
The dismissal of this appeal counts as a strike under § 1915(g). See
Coleman v. Tollefson, 575 U.S. 532, 537 (2015). Gorbey is CAUTIONED
that he remains barred from proceeding IFP in any civil action or appeal filed
while he is incarcerated or detained in any facility unless he is under immin-
ent danger of serious physical injury. See § 1915(g).
In addition, we recently warned Gorbey that any future frivolous fil-
ings would subject him to additional sanctions; we directed him to review all
pending matters and move to dismiss any that were frivolous, repetitive, or
otherwise abusive. See Feather-Gorbey v. Admin. Fed. Bureau of Prisons, 841
F. App’x 724, 724−25 (5th Cir. 2021). Because Gorbey failed to heed this
court’s warning, IT IS ORDERED that Gorbey pay a monetary sanction
of $100 payable to the Clerk of this court.
Gorbey is BARRED from filing, in this court or in any court subject
to this court’s jurisdiction, any pleading until the sanction is paid in full,
unless he first obtains leave of the court in which he seeks to file such plead-
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Case: 20-10863 Document: 00515981561 Page: 3 Date Filed: 08/17/2021
No. 20-10863
ing. Gorbey is further CAUTIONED that any future frivolous or repetitive
filings in this court, or any court subject to this court’s jurisdiction, will sub-
ject him to additional sanctions. He is again DIRECTED to review all
pending matters and to move to dismiss any that are frivolous, repetitive, or
otherwise abusive.
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