Sosa v. Johnson ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10571
Conference Calendar
THOMAS SOSA,
Plaintiff-Appellant,
versus
NFN JOHNSON,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:99-CV-393
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December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Thomas Sosa (TDCJ # 668562) has, on at least three prior
occasions, filed in forma pauperis (IFP) complaints that have
been dismissed as frivolous or for failure to state a claim. See
Sosa v. Doe, No. 99-41101 (5th Cir. Mar. 16, 2000). Sosa is thus
BARRED from proceeding 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). Sosa has
failed to establish any such danger.
*
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that this opinion should not be published and is not precedent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. 00-10571
-2-
Therefore, Sosa’s leave to proceed IFP on appeal is
DECERTIFIED. The appeal is DISMISSED. Sosa may seek to
reinstate the appeal by paying the full appellate filing fee of
$105 to the clerk of the district court within 15 days of the
date of this opinion.
IFP DECERTIFIED; APPEAL DISMISSED; THREE-STRIKES BAR
IMPOSED.