Jackson vs. Booker, (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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 00-60115 Conference Calendar DAVID JACKSON, Plaintiff-Appellant, versus WALTER BOOKER, Superintendent at Parchman; JAMES BREWEN, Captain; JOHN BEARRY, DR., Physician, Defendants-Appellees. Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:99-CV-299-P-B August 22, 2000 Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM: * David Jackson, Mississippi prisoner number 39640, appeals the district courtÂ’s denial of IFP status for failure to exhaust administrative remedies. Jackson has failed to brief this issue, as he has provided neither argument nor authorities to show that the district court erred in denying his application to proceed in forma pauperis. See Yohey v. Collins , 985 F.2d 222, 225 (5th Cir. 1993); Fed. R.
App. P. 28(a)(9). Accordingly, this appeal is dismissed as frivolous.
This dismissal of a frivolous appeal constitutes one strike against Jackson for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons , 103 F.3d 383, 388 (5th Cir. 1996). If two other district court actions or appeals filed by Jackson are dismissed as frivolous, he will be barred from bringing a civil action or appeal as a prisoner proceeding in forma pauperis unless he is under imminent danger of serious physical injury.
See § 1915(g).
APPEAL DISMISSED AS FRIVOLOUS. 5TH C IR . R. 42.2. SANCTIONS WARNING ISSUED.
No. 00-60115
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This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 1915 - Sec. 1915. Proceedings in forma pauperis
- U.S. Court of Appeals for the Fifth Circuit - Valentino B. Adepegba, Plaintiff-Appellant, v. Billy G. Hammons, Individually and in His Official Capacity as Special Agent Assigned To F C I Oakdale; John L. Nixon, Individually and in His Official Capacity as Acting Supervisory Special Agent At F C I Oakdale, Defendants-Appellees., 103 F.3d 383 (5th Cir. 1996)
- U.S. Court of Appeals for the Fifth Circuit - Leslie Wayne Yohey, Petitioner-Appellant, v. James A. Collins, Director Department of Criminal Justice Institutional Division, Et Al., Respondents-Appellees. No. 92-5596. Summary Calendar., 985 F.2d 222 (5th Cir. 1993)
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