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Carbin v. State of MS , 72 F. App'x 229 ( 2003 )


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  •                                                        United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT                 August 20, 2003
Charles R. Fulbruge III
Clerk
No. 03-60424
Conference Calendar
CHRISTOPHER CARBIN,
Plaintiff-Appellant,
versus
STATE OF MISSISSIPPI; MIKE MOORE, The Attorney General of
the State of Mississippi, in his individual and official
capacities; EMILIO GARZA, Circuit Court Judge, in his
individual and official capacities; GEORGE CARLSON,
Circuit Judge in his individual and official capacities,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:02-CV-186-PB
--------------------
Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Christopher Carbin, Mississippi inmate # 44718, proceeding
pro se, moves for leave to proceed in forma pauperis in the
appeal of the district court’s dismissal as frivolous pursuant to
    28 U.S.C. § 1915
    (e)(2)(B)(i) of his
    42 U.S.C. § 1983
     complaint.
Carbin’s motion is a challenge to the district court’s
*
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that this opinion should not be published and is not precedent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. 03-60424
-2-
certification that his appeal is not taken in good faith.      Baugh
v. Taylor,
    117 F.3d 197
    , 202 (5th Cir. 1997).
Carbin’s challenge to the dismissal pursuant to Heck v.
Humphrey,
    512 U.S. 477
    , 487, 489 (1994), of his
    42 U.S.C. § 1983
    claims is frivolous.    Relief on Carbin’s claims would necessarily
imply the invalidity of his conviction or sentence, and Carbin
has not shown that his conviction or sentence has been reversed,
expunged, or otherwise invalidated.     See
    id.
    Carbin’s challenge to the dismissal of his claims against
Judges Garza and Carlson and Attorney General Moore on the
grounds that these defendants are entitled to absolute immunity
is also frivolous.     Krueger v. Reimer,
    66 F.3d 75
    , 76-77 (5th
Cir. 1995); Boyd v. Biggers,
    31 F.3d 279
    , 284-85 (5th Cir. 1994).
Carbin has not shown that the district court erred in
certifying that an appeal would not be taken in good faith.     He
has not shown that he will present a nonfrivolous issue on
appeal.   Howard v. King,
    707 F.2d 215
    , 220 (5th Cir. 1983).
Accordingly, the motion for leave to proceed in forma pauperis is
DENIED and the appeal is DISMISSED as frivolous.     Baugh,
    117 F.3d at 
    202 n.24; 5TH CIR. R. 42.2.
The dismissal of this appeal and the district court’s
dismissal of Carbin’s
    42 U.S.C. § 1983
     complaint as frivolous
count as strikes under the Prison Litigation Reform Act.
Adepegba v. Hammons,
    103 F.3d 383
    , 387 (5th Cir. 1996).     This
court previously dismissed as frivolous Carbin’s appeals in
No. 03-60424
-3-
Carbin v. United States Navy, et al., No. 95-60544 (5th Cir. Oct.
19, 1995), and Carbin v. Danzig, No. 03-60114 (5th Cir. Aug. 18,
2003).   Adepegba, 103 F.3d at 386-87.    Because Carbin had
accumulated more than three strikes under
    28 U.S.C. § 1915
    (g),
the court in Carbin v. Danzig, No. 03-60114 (5th Cir. Aug. 18,
2003), informed Carbin that he was 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.
    28 U.S.C. § 1915
    (g).
IFP MOTION DENIED; APPEAL DISMISSED;
    28 U.S.C. § 1915
     BAR
IMPOSED.