Edwards v. Harris County ( 2022 )

Case: 21-20360 Document: 00516553001 Page: 1 Date Filed: 11/21/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 21-20360 FILED
Summary Calendar November 21, 2022
Lyle W. Cayce
Clerk
Freddie Robin Edwards,
Plaintiff—Appellant,
versus
Harris County,
Defendant—Appellee.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:21-CV-170
Before Smith, Dennis, and Southwick, Circuit Judges.
Per Curiam:*
Freddie Robin Edwards, now Texas prisoner # 02399127, appeals a
final judgment dismissing his 42 U.S.C. § 1983 complaint. He has also filed
a motion to supplement the record on appeal.
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-20360 Document: 00516553001 Page: 2 Date Filed: 11/21/2022
No. 21-20360
At the time Edwards filed his notice of appeal and moved for leave to
proceed in forma pauperis (IFP) in this case, he was incarcerated and had on
at least three prior occasions while he was incarcerated, brought an action or
appeal in a court of the United States that was dismissed as frivolous,
malicious, or for failure to state a claim upon which relief could be granted.
See Edwards v. Rosenberg, No. H-08-0528, 2008 WL 636619, 1 (S.D. Tex.
Mar. 5, 2008) (unpublished); Edwards v. Texas, No. 1:00-cv-429 (W.D. Tex.
Aug. 30, 2000) (unpublished); Edwards v. Nuchia, No. 97-20033, 1997 WL
681246 (5th Cir. Oct. 22, 1997) (unpublished). Edwards is therefore barred
from proceeding IFP 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). There is no allegation, nor does the
record reflect, that Edwards was under imminent danger of serious physical
injury when he filed his notice of appeal or IFP motion. See id. Thus, the
district court improvidently granted him leave to proceed IFP on appeal.
Accordingly, Edwards’s IFP status is decertified and the appeal is
dismissed. Edwards has 30 days from the date of this opinion to pay the full
appellate filing fee to the clerk of the district court, should he wish to reinstate
his appeal. His motion to supplement the record on appeal is denied.
IFP DECERTIFIED; § 1915(g) BAR IMPOSED; MOTION
DENIED; APPEAL DISMISSED.
2