Overbey vs. Roberts, (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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 99-31322 Summary Calendar JOHN LEWIS OVERBEY, Plaintiff-Appellant, versus GLYNN D. ROBERTS; PENNY WISE DOUCIERE; KELLY THURMAN, Defendants-Appellees. Appeal from the United States District Court for the Western District of Louisiana USDC No. 99-CV-1159 May 12, 2000 Before POLITZ, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: * John Lewis Overbey, a Louisiana prisoner, appeals the dismissal of his 42 U.S.C. § 1983 civil rights action as frivolous. He challenges the dismissal of his claims against Penny Wise Douciere, the prosecutor in state criminal proceedings resulting in his conviction for second-degree kidnapping, and Kelly Thurman, the probation officer in those proceedings. Specifically, Overbey contends that Although not explicitly relied on by the district court, Thurman was likewise entitled to absolute immunity with regard to Overbey§ 1983 complaint as frivolous. 4 Overbey also challenges the district court§ 1915(g). 8 We caution Overbey that once he accumulates three strikes, he may not proceed in forma pauperis 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. 9 APPEAL DISMISSED; § 1915(g) WARNING ISSUED.

1 Although Overbey initially sued Judge Glynn D. Roberts, he has expressly abandoned any challenge to the dismissal of his claims against the Judge. See Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993). 2 Imbler v. Pachtman , 424 U.S. 409 (1976); Beck v. Texas State Bd. of Dental Examiners , 204 F.3d 629 (5th Cir. 2000); Brummett v. Camble , 946 F.2d 1178 (5th Cir. 1991). 3 Freeze v. Griffith , 849 F.2d 172 (5th Cir. 1988); Spaulding v. Nielsen , 599 F.2d 728 (5th Cir. 1979); Underwood v. Wilson , 151 F.3d 292 (5th Cir. 1998)(stating that this court may affirm the district court§ 1983 suit on valid alternative grounds), cert. denied , 526 U.S. 1133 (1999). 4 Siglar v. Hightower , 112 F.3d 191(5th Cir. 1997); Pugh v. Parish of St. Tammany , 875 F.2d 436 (5th Cir. 1989)

5 Mercadel v. Cain , 179 F.3d 271(5th Cir. 1999); Magouirk v. Phillips , 144 F.3d 348 (5th Cir. 1998). 6 Pugh , 875 F.2d at 439. 7 Howard v. King , 707 F.2d 215 (5th Cir. 1983); 5 TH C IR . R. 42.2. 8 Patton v. Jefferson Correctional Ctr. , 136 F.3d 458 (5th Cir. 1998); Adepegba v. Hammons , 103 F.3d 383(5th Cir. 1996). 9 28 U.S.C. § 1915(g)

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