Bagley v. Johnson ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20641
Conference Calendar
JOHN THOMAS BAGLEY,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, Director,
Texas Department of Criminal Justice,
Institutional Division,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-96-CV-1985
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February 10, 1998
Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM:*
Texas prisoner John Thomas Bagley, No. 652853, is BARRED from
proceeding in forma pauperis (IFP) under the Prison Litigation
Reform Act of 1995 (PLRA) because, on at least three prior
occasions while incarcerated, Bagley has brought an action or
appeal in a United States court that was dismissed as frivolous.
See Bagley v. Johnson, No. 97-20667 (5th Cir. Dec. 9, 1997); 28
U.S.C. § 1915(g); Adepegba v. Hammons, 103 F.3d 383, 388 (5th
Cir. 1996). Accordingly, Bagley’s IFP status is DECERTIFIED, and
*
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that this opinion should not be published and is not precedent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. 97-20641
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he may not proceed IFP in any civil action or appeal filed while
he is in prison unless he is under imminent danger of serious
physical injury. 28 U.S.C.
§ 1915(g). The appeal is DISMISSED.
Bagley has 15 days from the date of this opinion to pay the
full appellate filing fee of $105 to the clerk of the district
court, should he wish to reinstate his appeal.
IFP DECERTIFIED; APPEAL DISMISSED.