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 1999-08

Morgan v. Godwin ( 1999 )


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  •                IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-21069
Conference Calendar
LESLIE WILLIAM MORGAN,
Plaintiff-Appellant,
versus
GEORGE H. GODWIN; CHARLES BACARISSE;
JOHN B. HOLMES; SCOTT ANTHONY DURFEE;
JAY S. SISKIND; JAMES MICHAEL LEITNER,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CV-1205
--------------------
August 24, 1999
Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges.
PER CURIAM:*
Leslie William Morgan, Texas prisoner # 677163, appeals the
dismissal of his civil rights action under
    42 U.S.C. § 1983
     as
frivolous under
    28 U.S.C. § 1915
    (e)(2)(B).      To prevail on his
denial-of-access-to-the-courts claim, Morgan must show that his
legal position was prejudiced by the alleged violation.       Henthorn
v. Swinson,
    955 F.2d 351
    , 354 (5th Cir. 1992).      Neither in his
original complaint nor on appeal has Morgan specifically stated
*
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that this opinion should not be published and is not precedent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. 98-21069
-2-
which claims he was prevented from presenting to the courts by
the members of the alleged conspiracy.      The district court did
not err in dismissing his claims under § 1915(e)(2)(B) because
his conclusional allegations were insufficient to state a claim
under § 1983.    See Hale v. Harney,
    786 F.2d 688
    , 690 (5th Cir.
1986).    Morgan’s appeal is without arguable merit and is
frivolous.    See Howard v. King,
    707 F.2d 215
    , 219-20 (5th Cir.
1983).    Because the appeal is frivolous, it is DISMISSED.    See
5th Cir. R. 42.2.
Morgan had, prior to the filing of this suit, one verified
strike.    Morgan v. Coker, No. 97-20300 (5th Cir. Aug 13, 1998)
(unpublished).    Because of the district court’s dismissal as
frivolous of the original action and this court’s dismissal as
frivolous of the appeal, Morgan has now acquired two more
strikes.    He may no longer proceed IFP in any civil action or
appeal filed while he is in prison unless he is under imminent
danger of serious physical injury.    See
    28 U.S.C. § 1915
    (g);
Adepegba v. Hammons,
    103 F.3d 383
    , 388 (5th Cir. 1996).
APPEAL DISMISSED;
    28 U.S.C. § 1915
    (g) BAR IMPOSED.