Public-domain · open source
OpenJurist

101 F. App'x 446

Lewis v. Green

U.S. Courts of Appeals

Decided June 22, 2004

This page is marked noindex.

U.S. Courts of Appeals · decided 2004-06-22

Cited by 2 later decisions (2 by the Supreme Court) — most recently February 2005

Applies 28 U.S.C. § 1915 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E

Relies on Heck v. Humphrey · Allen v. McCurry · Howard v. King

Good law ✅— No negative treatment on recordhow we know

Decided 2004-06-22

View the full empirical analysis of this case →

PER CURIAM: *

¶1 John Brown Lewis, IV, Texas prisoner # 1012766, appeals from the dismissal of his 42 U.S.C. § 1983 lawsuit with prejudice as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b)(l), and 42 U.S.C. § 1997e(c)(l)-(2). On appeal, Lewis repeats his underlying constitutional claim. The district court correctly held that Lewis’s claim is barred by Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), as well as under the doctrines of collateral estoppel and res judicata. See Allen v. McCurry, 449 U.S. 90, 95-96, 104-05, 101 S.Ct. 411, 66 L.Ed.2d 308 (1980). Accordingly, Lewis’s complaint was properly dismissed as frivolous. See Ruiz v. United States, 160 F.3d 273, 275 (5th Cir.1998); Martin v. Scott, 156 F.3d 578, 580 (5th Cir.1998).

¶2 Lewis’s appeal is without arguable merit and is frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.1983). Because the appeal is frivolous, it is DISMISSED. See 5th Cir. R. 42.2. The dismissal of this appeal as frivolous counts as a “strike” for purposes of 28 U.S.C. § 1915(g), as does the district court’s dismissal. See Adepegba v. Hammons, 103 F.3d 383, 385-87 (5th Cir.1996). We warn Lewis that if he accumulates three “strikes” under 28 U.S.C. § 1915(g), he will not be able to 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. See 28 U.S.C. § 1915(g).

¶3 APPEAL DISMISSED; STRIKE WARNING ISSUED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

/101/fappx/446 · .json · Public domain