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134 F. App'x 745

Faye v. Melton

U.S. Courts of Appeals

Decided June 21, 2005

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U.S. Courts of Appeals · decided 2005-06-21

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

Relies on Yohey v. Collins · Adepegba v. Hammons · Baugh v. Taylor

Decided 2005-06-21

PER CURIAM: *

¶1 Raymond Faye, a Mississippi prisoner (# 63653), has filed an application to proceed in forma pauperis (“IFP”) on appeal following the district court’s dismissal of his 42 U.S.C. § 1983 complaint, without prejudice, for failure to exhaust administrative remedies. Faye is effectively challenging the district court’s certification that he should not be granted IFP status because his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir.1997); 28 U.S.C. § 1915(a)(3); Fed. R.App. P. 24(a).

¶2 By failing to direct his motion solely to the district court’s reasons for the certification decision, Faye has effectively abandoned the only issue that is properly before this court. See Baugh, 117 F.3d at 202; Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993). Accordingly, Faye’s request for IFP status is DENIED, and his appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 & n. 24; 5th Cir. R. 42.2.

¶3*746 The dismissal of this appeal as frivolous counts as a strike for purposes of the three-strikes provision, 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir.1996). Faye is cautioned that if he accumulates three strikes, he will not be permitted to 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 serious physical injury. See 28 U.S.C. § 1915(g).

¶4 IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.

*

¶5 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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