Galer vs. Johnson, (5th Cir. 2000)

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-50021 Conference Calendar RUSSELL EUGENE GALER, II, Plaintiff-Appellant, versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Defendant-Appellee. Appeal from the United States District Court for the Western District of Texas USDC No. W-99-CV-305 December 13, 2000 Before DAVIS, STEWART, and PARKER, Circuit Judges.

PER CURIAM: * Russell Eugene Galer II, Texas prisoner #315395, seeks leave to proceed in forma pauperis (IFP) on appeal following the district court§ 1983. GalerÂ’s motion to file a supplemental brief in support of his motion is GRANTED.

Heck bars GalerÂ’s revocation contention. Littles v. Bd. of Pardons and Paroles Div. , 68 F.3d 122, 123 (5th Cir. 1995).

Galer§ 1915(g), as does the district court§ 1915(g). Galer is warned that if he accumulates three § 1915(g), he may not proceed 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 28 U.S.C. § 1915(g). IFP DENIED; APPEAL DISMISSED. 5 TH C IR . R. 42.2. No. 00-50021

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