Quinones v. Pace ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41427
Conference Calendar
HIPOLITO QUINONES,
Plaintiff-Appellant,
versus
PAUL PACE, Major, Michael Unit; TERRAL WANNER,
Captain, Michael Unit; L.D. SHEPPARD, Lieutenant,
Michael Unit; RONNIE W. GATEWOOD,
Correctional Officer, Michael Unit,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:97-CV-478
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April 9, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Hipolito Quinones, Texas inmate # 511282, is BARRED from
proceeding in forma pauperis (IFP) under the Prison Litigation
Reform Act of 1995 (PLRA) because, on at least three prior
occasions while incarcerated, Quinones has brought an action or
appeal in a United States Court that was dismissed as frivolous
or for failure to state a claim upon which relief could be
granted. See Quinones v. Jock, No. 96-41186 (5th Cir. Oct. 23,
*
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that this opinion should not be published and is not precedent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. 97-41427
-2-
1997) (unpublished; appeal of dismissal for frivolousness
dismissed as frivolous counts as two strikes); see 28 U.S.C.
§ 1915(g); see Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir.
1996); see Quinones v. Mayfield, No. 6:95cv888 (E.D. Tex. Sept.
24, 1997)(dismissal for failure to state claim counts as strike
when appeal is exhausted or waived); see Adepegba, 103 F.3d at
388. Accordingly, Quinones’s IFP status is DECERTIFIED, and he
may not proceed IFP in any civil action or appeal filed while he
is in prison unless he is under imminent danger of serious
physical injury. 28 U.S.C. § 1915(g). The appeal is DISMISSED.
Quinones has 15 days from the date of this opinion to pay
the full appellate filing fee of $105 to the clerk of the
district court, should he wish to reinstate his appeal.
IFP DECERTIFIED; APPEAL DISMISSED.