White v. Holston ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40773
Summary Calendar
ANTHONY WAYNE WHITE,
Plaintiff-Appellant,
versus
JON C. HOLSTON, Officer
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:97-CV-149
- - - - - - - - - -
April 16, 1998
Before DUHE’, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Anthony Wayne White, Texas prisoner #541668, appeals the
dismissal of his 42 U.S.C. § 1983 complaint for failure to state
a claim upon which relief could be granted pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i). White argues that the presence of a female
guard during a body cavity search of his person violated his
Fourth Amendment right to privacy. We have reviewed the record
and White’s brief, and we conclude that White’s appeal is without
merit and therefore frivolous. See Howard v. King, 707 F.2d 215,
219-20 (5th Cir. 1983). On three prior occasions White has
*
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that this opinion should not be published and is not precedent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. 97-40773
-2-
brought actions or appeals that were dismissed as frivolous or
for failure to state a claim. In White v. Zeller, this court
dismissed as frivolous White’s appeal from the district court’s
dismissal of a § 1983 complaint as frvolous. No. 96-41215 (5th
Cir. Aug. 14, 1997) (two “strikes”); see Adepegba v. Hammons, 103
F.3d 383, 387 (5th Cir. 1996). In White v. Ferguson, this court
affirmed the district court’s dismissal of White’s § 1983
complaint for failure to state a claim. No. 97-40685 (5th Cir.
Dec. 15, 1997) (one “strike”). Accordingly, White is barred from
proceeding IFP in the district court or in this court on any
civil actions while he remains in prison, unless he is in iminent
danger of serious physical injury. See 28 U.S.C. § 1915(g).
APPEAL DISMISSED.