United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 23, 2007
Charles R. Fulbruge III
Clerk
No. 06-20537
Summary Calendar
BASO E. HARPER, Jr.
Plaintiff-Appellant,
versus
DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
CORRECTIONAL INSTITUTIONS DIVISION; WILLIAM T. FISHER; KRISTIN W.
KNUTSON; GEORGE C. WEBSTER, Captain; WAYNE A. BOWMAN, Counsel
Substitute
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CV-2279
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Baso E. Harper, Jr., Texas prisoner # 1079380, has appealed
the district court’s order dismissing his civil rights complaint as
frivolous and for failure to state a claim. Harper alleged in his
complaint that he suffered injuries when a prison guard pushed him
in the chest following an altercation and that prison officials
delayed obtaining him medical treatment for one hour and a half,
thereby demonstrating deliberate indifference to his medical needs.
*
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this opinion should not be published and is not precedent except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. 06-20537
-2-
Harper’s appeal is without arguable merit and is frivolous.
See Howard v. Kino, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous it is DISMISSED. See 5TH Cir. 42.2.
Harper has previously accumulated one strike for 28 U.S.C.
§ 1915(g) purposes. See Harper v. Bell County Texas, No. W-02-CA-
161 (S.D. Tex. 6/17/2003). The district court’s dismissal of
Harper’s complaint and this court’s dismissal of this appeal both
count as additional strikes. See Adepegba v. Hammons, 103 F.3d
283, 387-88 (5th Cir. 1996). Harper may no longer proceed IFP in
any civil action or appeal while he is incarcerated or detained in
any facility unless he is under imminent danger of serious physical
injury. § 1915(g).
APPEAL DISMISSED; 28 U.S.C. § 1915(g) SANCTIONS IMPOSED.