Tibbs v. Martin ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40182
Conference Calendar
JAMES ISHMAEL TIBBS,
Plaintiff-Appellant,
versus
D. MARTIN, Officer at Telford Unit;
J. MAIDENS, Lieutenant at Telford Unit;
HASSAL, Captain at Telford Unit;
THALAND, Sergeant at Telford Unit,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:96-CV-354
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April 8, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
The district court granted James Ishmael Tibbs, Texas
prisoner # 702590, leave to proceed in forma pauperis (IFP) on
appeal from the district court’s dismissal of his 42 U.S.C.
§ 1983 complaint as frivolous. However, a prisoner may not
bring a civil action or appeal a judgment in a civil
action or proceeding under this section if the prisoner
has, on 3 or more prior occasions, while incarcerated
or detained in any facility, brought an action or
appeal in a court of the United States that was
dismissed on the grounds that it is frivolous,
*
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that this opinion should not be published and is not precedent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. 97-40182
-2-
malicious, or fails to state a claim upon which relief may be
granted, unless the prisoner is under imminent danger of serious
physical injury.
28 U.S.C. § 1915(g). We previously noted that Tibbs had at least
three strikes against him prior to the district court’s granting
Tibbs leave to proceed IFP on this appeal. See Tibbs v. Texas
Dep’t of Criminal Justice, No. 97-40079 (5th Cir. Oct. 23,
1997)(unpublished)(stating that Tibbs had filed 3 or more
lawsuits that were dismissed as frivolous, malicious, or for
failure to state a claim and notifying Tibbs that he would no
longer be able to proceed IFP); Adepegba v. Hammons, 103 F.3d
383, 387-88 (5th Cir. 1996). Therefore, except for cases
involving an imminent danger of serious physical injury, Tibbs
may not proceed IFP. This appeal is DISMISSED. Tibbs may
reinstate this appeal by paying the full appellate filing fee of
$105 to the clerk of the district court within 30 days from the
date of this opinion.
DISMISSED.