Johnson v. Scheibe

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 15, 2008
No. 07-40825
Summary Calendar Charles R. Fulbruge III
Clerk
CHRISTOPHER JOHNSON
Plaintiff-Appellant
v.
JULIE A SCHEIBE, Court Reporter, 362nd District Court, Denton County,
Texas; SHERRI ADELSTEIN, Clerk, Denton County District Court; JAMIE
BOOTHE, Deputy Clerk, Denton County District Clerk; MOLLY BOWERS,
Court Reporter, 362nd District Court of Denton County, Texas
Defendants-Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:07-CV-152
Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:*
Christopher Johnson, prisoner # 842458 at the Monroe, Washington,
Correctional Center, has been barred from proceeding in forma pauperis (IFP)
under 28 U.S.C. § 1915(g) because, on at least three prior occasions while
incarcerated, he has brought an action or appeal in a court of the United States
*
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should not be published and is not precedent except under the limited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. 07-40825
that was dismissed as frivolous or for failure to state a claim upon which relief
could be granted. See Johnson v. Rogers, 209 F. App’x 424 (5th Cir. 2006). This
appeal was therefore improvidently docketed as if Johnson were proceeding IFP
on appeal.
Accordingly, Johnson’s IFP status is decertified, and the appeal is
dismissed. Johnson has 15 days from the date of this opinion to pay the full
appellate filing fee to the clerk of the district court, should he wish to reinstate
his appeal.
IFP DECERTIFIED; APPEAL DISMISSED.
2