Mack v. Barnett

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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