Thompson v. Allred Unit ( 2023 )

Case: 23-10041 Document: 00516761742 Page: 1 Date Filed: 05/24/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-10041
____________ FILED
May 24, 2023
Lawrence Edward Thompson, Lyle W. Cayce
Clerk
Plaintiff—Appellant,
versus
Allred Unit,
Defendant—Appellee.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:22-CV-18
______________________________
Before Stewart, Willett, and Douglas, Circuit Judges.
Per Curiam: *
Lawrence Edward Thompson, Texas prisoner # 408167, moves for
leave to appeal in forma pauperis (IFP) from the denial of his Federal Rule of
Civil Procedure 60(b)(6) motion filed after the dismissal of his civil action as
barred under 28 U.S.C. § 1915(g). Thompson asserts that inadequate
medical treatment for a bacterial infection places him in imminent danger of
serious physical injury. His allegations regarding the bacterial infection
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*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-10041 Document: 00516761742 Page: 2 Date Filed: 05/24/2023
No. 23-10041
constitute disagreements with his treatment and do not allege an imminent
danger of serious physical injury. See Baños v. O’Guin, 144 F.3d 883, 885
(5th Cir. 1998). Thompson has not shown that he is entitled to proceed IFP
on appeal. See § 1915(g). He has also not shown that the district court erred
by dismissing the complaint without prejudice based on the three-strikes bar.
See Baños, 144 F.3d at 885.
Thompson’s IFP motion is DENIED, and the appeal is
DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24
(5th Cir. 1997); 5th Cir. R. 42.2. Thompson’s motion for preliminary
injunction is likewise DENIED.
Thompson is reminded that, because he has three strikes, he is 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. See § 1915(g). He is also WARNED that any pending or
future frivolous or repetitive filings in this court or any court subject to this
court’s jurisdiction will subject him to additional sanctions. See Coghlan v.
Starkey, 852 F.2d 806, 817 n.21 (5th Cir. 1988).
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