Johnson vs. Choate, (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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 00-40279 Summary Calendar CHESTER RAY JOHNSON, Plaintiff-Appellant, versus MARY CHOATE, Sheriff; GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; S.O. WOODS, JR., Record Clerk, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Texas USDC No. 5:99-CV-264 October 25, 2000 Before JOLLY, DAVIS and STEWART, Circuit Judges: PER CURIAM: * Chest er Ray Johnson, Texas prisoner #683871, has filed a motion for leave to proceed i n forma pauperis (IFP) on appeal, following the district court§ 1983. By moving for IFP status, Johnson is challenging the district courtÂ’s certification that IFP status should not be granted on appeal because his appeal is frivolous and is not taken in good faith. See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997).

Johnson addresses on appeal the district court§ 1915(g), as does the district court§ 1915(g). Johnson is warned that if he accumulates three § 1915(g), he may not be able to proceed IFP in any civil action or appeal filed while he is incarcerated or detained in any facilit y unless he is under imminent danger of serious physical injury. See § 1915(g).

IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS; STRIKE WARNING ISSUED.

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