Ronnie Ross v. Texas Board of Pardon & Parole, et , 587 F. App'x 209 ( 2014 )


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  •      Case: 14-10149      Document: 00512866897         Page: 1    Date Filed: 12/11/2014
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    Fifth Circuit
    No. 14-10149                                FILED
    December 11, 2014
    RONNIE KENNETH ROSS,                                                         Lyle W. Cayce
    Clerk
    Plaintiff-Appellant
    v.
    TEXAS BOARD OF PARDON AND PAROLE; TEXAS DEPARTMENT OF
    CRIMINAL JUSTICE,
    Defendants-Appellees
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:13-CV-3649
    Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
    PER CURIAM: *
    Ronnie Kenneth Ross, whose prisoner numbers in the Texas Department
    of Criminal Justice have included # 1861575, # 711154, and # 955267, moves
    for leave to proceed in forma pauperis (IFP) on appeal from the dismissal of his
    
    42 U.S.C. § 1983
     complaint as frivolous. The district court determined that the
    defendants, the Texas Board of Pardons and Paroles (TBPP) and the Texas
    Department of Criminal Justice (TDCJ), were immune under the Eleventh
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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.
    Case: 14-10149    Document: 00512866897     Page: 2   Date Filed: 12/11/2014
    No. 14-10149
    Amendment from Ross’s claims that he was entitled to monetary compensation
    because he was unlawfully incarcerated before receiving a parole revocation
    hearing and was required to work during that incarceration.
    The district court denied him leave to proceed IFP on appeal and certified
    that this appeal was not taken in good faith. By moving to proceed IFP here,
    Ross is challenging the district court’s certification decision. See Baugh v.
    Taylor, 
    117 F.3d 197
    , 202 (5th Cir. 1997). Our inquiry into Ross’s good faith
    “is limited to whether the appeal involves legal points arguable on their merits
    (and therefore not frivolous).” Howard v. King, 
    707 F.2d 215
    , 220 (5th Cir.
    1983) (internal quotation marks and citation omitted).
    Ross reiterates his claims that his constitutional rights were violated
    based on his unlawful incarceration and the work he was required to perform
    during that time. Pursuant to the Eleventh Amendment, federal courts are
    without jurisdiction over suits against a state agency unless that state has
    waived its sovereign immunity or Congress has clearly abrogated it. Moore v.
    La. Bd. of Elementary and Secondary Educ., 
    743 F.3d 959
    , 963 (5th Cir. 2014).
    The TBPP and TDCJ are immune under the Eleventh Amendment from Ross’s
    suit. See Talib v. Gulley, 
    138 F.3d 211
    , 213 (5th Cir. 1998); Littles v. Bd. of
    Pardons & Paroles Div., 
    68 F.3d 122
    , 123 (5th Cir. 1995).
    Ross has not demonstrated a nonfrivolous issue for appeal. See Howard,
    
    707 F.2d at 219-20
    . The instant appeal is without arguable merit and is
    dismissed as frivolous. See Baugh, 
    117 F.3d at
    202 n.24; 5TH CIR. R. 42.2. Ross
    filed a prior civil suit that was dismissed as frivolous, a decision which he did
    not appeal. Ross v. Dallas Cnty Sheriff, No. 3:99-CV-1860 (N.D. Tex. Sept. 27,
    1999). That prior dismissal counts as one strike under 
    28 U.S.C. § 1915
    (g).
    See Adepegba v. Hammons, 
    103 F.3d 383
    , 387-88 (5th Cir. 1996). Based on the
    district court’s dismissal of his instant complaint and our dismissal of this
    2
    Case: 14-10149       Document: 00512866897   Page: 3   Date Filed: 12/11/2014
    No. 14-10149
    appeal as frivolous, Ross has accumulated two additional strikes, for a total of
    at least three strikes under § 1915(g). See id. at 388. Thus, Ross may not
    proceed 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 § 1915(g).
    Additionally, we warn Ross that frivolous, repetitive, or otherwise
    abusive filings will invite the imposition of sanctions, which may include
    dismissal, monetary sanctions, and restrictions on his ability to file pleadings
    in this court and any court subject to this court’s jurisdiction. Ross is further
    warned that he should review any pending appeals and actions and move to
    dismiss any that are frivolous.
    MOTION FOR LEAVE TO PROCEED IFP DENIED; APPEAL
    DISMISSED; 
    28 U.S.C. § 1915
    (g) BAR IMPOSED; SANCTION WARNING
    ISSUED.
    3
    

Document Info

Docket Number: 14-10149

Citation Numbers: 587 F. App'x 209

Judges: Davis, Clement, Costa

Filed Date: 12/11/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024