Keele v. Guajardo , 236 F. App'x 158 ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
August 21, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 06-51087
Conference Calendar
LARRY KEELE
Plaintiff-Appellant
v.
FRANK GUAJARDO, III
Defendant-Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:01-CV-176
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Larry Keele, Texas prisoner # 1077576, appeals pro se from the dismissal
of his civil rights complaint following a judgment in a bench trial in favor of the
defendant. Keele argues that his appointed trial counsel rendered ineffective
assistance by failing to subpoena witnesses for trial. The constitutional right to
the effective assistance of counsel does not apply in a civil context. See F.T.C.
v. Assail, Inc., 410 F.3d 256, 267 (5th Cir. 2005).
*
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should not be published and is not precedent except under the limited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. 06-51087
Keele’s requests for a new trial and for the appointment of appellate
counsel are denied. This appeal is without arguable merit and is dismissed as
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR.
R. 42.2. In Keele v. Chance, No. 4:03-CV-4191 (S.D. Tex. Nov. 25, 2003), the
district court imposed the 28 U.S.C. § 1915(g) bar against Keele. He is therefore
barred from bringing in forma pauperis civil actions or appeals unless he is in
imminent danger of serious physical injury. § 1915(g); see Adepegba v.
Hammons, 103 F.3d 383, 385-88 (5th Cir. 1996). We caution Keele that further
frivolous filings may result in additional sanctions.
APPEAL DISMISSED; SANCTION WARNING ISSUED.
2