Case: 20-40689 Document: 00516387127 Page: 1 Date Filed: 07/08/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 8, 2022
No. 20-40689
Lyle W. Cayce
Clerk
Coy L. White,
Plaintiff—Appellant,
versus
Sharon Hayden, CMA; Daniel Gipson, CMA; Jamie
Martin, N.P.; Leslie Pickens, R.N.; Linda L. Walden, D.O.;
Jammie Barker, R.N.,
Defendants—Appellees.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:19-CV-113
Before Elrod, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Coy White, Texas prisoner # 1478786, moves to appeal in forma
pauperis (IFP) from the dismissal of his 42 U.S.C. § 1983 complaint for
failure to state a claim of deliberate indifference to serious medical needs.
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-40689 Document: 00516387127 Page: 2 Date Filed: 07/08/2022
No. 20-40689
The district court applied the correct legal standard and concluded that,
when White’s pleadings were liberally construed and his factual allegations
accepted as true, he had not stated a claim of deliberate indifference. White’s
repeated and conclusional assertions that he alleged enough to satisfy the
pleading requirement of Federal Rule of Civil Procedure 8 does not provide
a nonfrivolous issue for appeal. See McGarrah v. Alford, 783 F.3d 584, 584
(5th Cir. 2015). Accordingly, the IFP motion is DENIED and the appeal is
DISMISSED as frivolous. See id.; Baugh v. Taylor, 117 F.3d 197, 202 n.24
(5th Cir. 1997); 5th Cir. R. 42.2. White’s motion to appoint appellate
counsel is also DENIED.
This dismissal as frivolous and the district court’s dismissal for failure
to state a claim each count as a strike under 28 U.S.C. § 1915(g). See
McGarrah, 783 F.3d at 584. White is WARNED that if he accumulates three
strikes he will be “barred from proceeding IFP in any civil action or appeal
filed while he is incarcerated or detained in any facility unless he is under
imminent danger of serious physical injury.” Id.; § 1915(g).
2