¶1 Before this court is Charles Butler’s (Louisiana prisoner #209995) request to proceed in forma pauperis (IFP) in his appeal of the dismissal of his 42 U.S.C. § 1983 complaint for failure to pay the filing fee. The district court denied Butler leave to proceed IFP upon a finding that he had accumulated three “strikes” under 28 U.S.C. § 1915(g).
¶2 Section 1915(g) provides that a prisoner may not proceed IFP in a civil action or in an appeal of a judgment in a civil action if the prisoner has, on three or more prior occasions, while incarcerated, brought an action or appeal that was dismissed as frivolous or for failure to state a claim, unless the prisoner is under imminent danger of serious physical injury. The determination as to whether a prisoner is in “imminent danger” must be made at the time the prisoner seeks to proceed with the appeal or files a motion to proceed IFP. Baños v. O’Guin, 144 F.3d 883, 884 (5th Cir.1998).
¶3 Butler fails to show that he is in “imminent danger” as required under § 1915(g). Accordingly, his motion for IFP is DENIED and the appeal is DISMISSED. See 5th Cir. R. 42.2.