IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
F I L E D
No. 06-41740 September 7, 2007
Summary Calendar
Charles R. Fulbruge III
Clerk
DONALD EDWARD MACK
Plaintiff-Appellant
v.
JEFFERY B BARNETT, Lieutenant, Michael Unit; SUZZAN FLEMINGS,
Nurse Practitioner, Michael Unit; PHILLIP WRIGHT, Paroled; PHILLIP
BAKER
Defendants-Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:06-CV-421
Before KING, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Donald Edward Mack, Texas prisoner # 391890, moves for in forma
pauperis (IFP) status to appeal the district court’s dismissal of his 42 U.S.C.
§ 1983 complaint on the basis of the three-strikes bar in 28 U.S.C. § 1915(g).
However, as there is no timely notice of appeal in this case, this court lacks
jurisdiction to consider Mack’s § 1983 claims. See Bowles v. Russell, 127 S. Ct.
*
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should not be published and is not precedent except under the limited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. 06-41740
2360, 2366 (2007). Accordingly, this case is DISMISSED with prejudice. Mack’s
motions for IFP status and for appointment of counsel are DENIED.
2