Cason v. M.D.P.S.C.S. , 290 F. App'x 549 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6931
MARC S. CASON,
Plaintiff - Appellant,
v.
M.D.P.S.C.S.; CMS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:08-cv-01024-CCB)
Submitted: August 14, 2008 Decided: August 22, 2008
Before MICHAEL, Circuit Judge, and WILKINS and HAMILTON, Senior
Circuit Judges.
Affirmed by unpublished per curiam opinion.
Marc S. Cason, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marc S. Cason appeals the district court’s order
dismissing his complaint alleging violations of 42 U.S.C. § 1983(2000), and the Americans with Disabilities Act of 1990, 42 U.S.C.
§§ 12101-12213 (2000). We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated by
the district court. See Cason v. M.D.P.S.C.S., No. 1:08-cv-01024-
CCB (D. Md. May 9, 2008). Because the district court’s dismissal
was Cason’s fourth strike under the Prison Litigation Reform Act,
28 U.S.C. § 1915 (2000) (“PLRA”),1 Cason may not proceed in forma
pauperis 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. See 28 U.S.C.
§ 1915(g) (2000). We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
AFFIRMED
*
Although the district court’s order indicates that its
dismissal constituted Cason’s third PLRA strike, a review of
Cason’s numerous lawsuits reveals that Cason was previously issued
three strikes. See Cason v. Weeks, No. 08-cv-00946-CCB (D. Md. May
7, 2008), aff’d, No. 08-6839 (4th Cir. July 28, 2008) (third
strike); Cason v. Maryland Div. of Corr., No. 06-cv-2032 (D. Md.
filed Aug. 21, 2006; entered Aug. 22, 2006) (second strike); Cason
v. Maryland Div. of Parole and Probation, No. 06-cv-1186 (D. Md.
May 17, 2006) (first strike).
2