Swanson vs. Walker, (5th Cir. 2003)
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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 02-11257 Summary Calendar TERRENCE L. SWANSON, Plaintiff-Appellant, versus DARYL D. WALKER, Dallas Police Officer, Badge #6416; DAVID W. LARSEN, Dallas Police Officer, Badge #4148; ALAN T. FOSTER, Dallas Police Officer, Badge #4833; STEVEN K. STERLING, Dallas Police Officer, Badge #4854, Defendants-Appellees. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:01-CV-2272-D March 20, 2003 Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM: * Terre nce L. Swanson, Texas prisoner # 1036801, has filed a motion for leave to proceed in forma pauperis (§ 1983 action as barred by H eck v. Humphrey , 512 U.S. 477, 487 (1994) and th e statute of limitations. He acknowledges that his claims against G:\opin-sc\02-11257.opn.wpd Officers Walker, Larsen, and Foster are barred by Heck , but argues that Heck is not applicable to his claim against Officer Sterling.
Swanson alleges that Offi cer Sterling made false statements concerning the search and seizure which led to his arrest and, ultimately, his conviction. Contrary to Swanson§ 1915( g). See Adepegba v. Hammons , 103 F.3d 383, 385-87 (5th Cir. 1996). Swanson is also cautioned that if he accumulates three strikes under 28 U.S.C. § 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 seri ous physical injury. S ee 28 U.S.C. § 1915(g). IFP MOTION DENIED; APPEAL DISMISSED; SANCTION WARNING ISSUED.
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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. Supreme Court - Heck v. Humphrey, 512 U.S. 477 (1994)
- 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)
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