United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 21, 2007
Charles R. Fulbruge III
Clerk
No. 06-10478
Summary Calendar
KEITH CAMPBELL,
Plaintiff-Appellant,
versus
PACE SETTER PERSONNEL,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CV-2099
--------------------
Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Keith Campbell, Texas prisoner # 1219880, has filed a motion
for leave to proceed in forma pauperis (IFP) on appeal. The
district court denied Campbell’s IFP motion and certified that
the appeal was not taken in good faith. By moving for IFP,
Campbell is challenging the district court’s certification. See
Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
Campbell does not challenge the district court’s analysis,
nor does he argue that the district court erred in determining
that he failed to present an arguable or non-frivolous issue for
*
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this opinion should not be published and is not precedent except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. 06-10478
-2-
appeal. Therefore, these issues are deemed abandoned. See
Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744,
748 (5th Cir. 1987).
Campbell has not shown that the district court’s
certification was incorrect. The instant appeal is without
arguable merit and is thus frivolous. Accordingly, Campbell’s
request for IFP status is denied, and his appeal is dismissed as
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); 5TH CIR. R. 42.2.
The district court’s dismissal of Campbell’s complaint
pursuant to 28 U.S.C. § 1915(e)(2)(B) and this court’s dismissal
of the instant appeal as frivolous both count as strikes for
purposes of § 1915(g). See Adepegba v. Hammons, 103 F.3d 383,
385-87 (5th Cir. 1996). Campbell has also accumulated a third
strike in Campbell v. Bear, No. 06-10196, which this court has
dismissed as frivolous on this date. Accordingly, because
Campbell has accumulated at least three strikes, he is barred
from proceeding IFP in any civil action or appeal brought while
he is incarcerated or detained in any facility unless he is under
imminent danger of serious physical injury. See § 1915(g).
Campbell is further cautioned that any future frivolous or
repetitive filings in this court or any court subject to this
court’s jurisdiction will subject him to additional sanctions as
will the failure to withdraw any pending matters that are
frivolous.
No. 06-10478
-3-
MOTION DENIED; APPEAL DISMISSED; 28 U.S.C. § 1915(g) BAR
IMPOSED; SANCTION WARNING ISSUED.