IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 29, 2009
No. 09-40044
Summary Calendar Charles R. Fulbruge III
Clerk
JERRY LEWIS DEDRICK
Petitioner-Appellant
v.
JODY R UPTON, Warden
Respondent-Appellee
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:08-CV-678
Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Jerry Lewis Dedrick, federal prisoner # 27140-180, has been barred from
proceeding in forma pauperis (IFP) under 28 U.S.C. § 1915(g) because, on at
least three prior occasions while incarcerated, he has brought an action or
appeal in a court of the United States that was dismissed as frivolous or for
failure to state a claim upon which relief could be granted. See Dedrick v.
Dettman, No. 7:94-CV-149 (W.D. Tex. Sept. 21, 1994) (dismissed as frivolous);
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 09-40044
Dedrick v. Hyde, No. 7:95-CV-221 (W.D. Tex. Mar. 11, 1996) (dismissed as
frivolous); Dedrick v. Painter, No. 7:95-CV-93 (W.D. Tex. July 27, 1995)
(dismissed as frivolous); Dedrick v. Painter, No. 7:96-CV-37 (W.D. Tex. Mar. 6,
1997) (dismissed as frivolous)). The district court improvidently granted Dedrick
leave to proceed IFP on appeal.
Accordingly, Dedrick’s IFP status is decertified, and the appeal is
dismissed. Dedrick has 15 days from the date of this opinion to pay the full
appellate filing fee to the clerk of the district court, should he wish to reinstate
his appeal.
IFP DECERTIFIED; APPEAL DISMISSED.
2