Killingsworth v. Killingsworth ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20674
Conference Calendar
CHARLES R. KILLINGSWORTH,
Plaintiff-Appellant,
versus
GEORGE R. KILLINGSWORTH,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CV-1462
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December 11, 2002
Before JOLLY, DAVIS, and JONES, Circuit Judges.
PER CURIAM:*
Charles Killingsworth appeals from the dismissal, for lack
of subject matter jurisdiction, of his complaint against his
father alleging abuse in 1974 and 1975. He specifically values
his complaint at $50,000, which is less than the $75,000
jurisdictional limit for diversity actions. 28 U.S.C. § 1332(a).
He does not show any other basis for federal jurisdiction. The
district court’s dismissal was not error, and the appeal is
without any merit.
*
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that this opinion should not be published and is not precedent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. 02-20674
-2-
Accordingly, the appeal is DISMISSED AS FRIVOLOUS. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR.
R. 42.2. The dismissal of this appeal as frivolous counts as a
strike for the purposes of 28 U.S.C. § 1915(g). See Adepegba v.
Hammons, 103 F.3d 383, 385-87 (5th Cir. 1996). We caution
Killingsworth that once he accumulates three strikes, he may not
proceed in forma pauperis in any civil action or appeal filed
while he is incarcerated unless he is under imminent danger of
serious physical injury. See 28 U.S.C. § 1915(g).
APPEAL DISMISSED; THREE-STRIKES WARNING ISSUED.