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168 F. App'x 621

Fletcher v. Allstate Insurance

U.S. Courts of Appeals

Decided February 23, 2006

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U.S. Courts of Appeals · decided 2006-02-23

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 2006-02-23

PER CURIAM: *

¶1 Tyrone Fletcher, Louisiana prisoner # 396381, has filed an application for leave to proceed in forma pauperis (IFP) on appeal, following the dismissal of his 42 U.S.C. § 1983 complaint and the district court’s certification that the appeal is not taken in good faith. Fletcher focuses solely on his indigency. By failing to direct his motion to the district court’s reasons for the certification decision, Fletcher has effectively abandoned the only issue that is properly before this court. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir.1997); Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993). Accordingly, Fletcher’s request for IFP status is denied, and his appeal is *622 dismissed as frivolous. See Baugh, 117 F.3d at 202 & n. 24; 5th Cir. R. 42.2.

¶2 The dismissal of this appeal as frivolous and the district court’s dismissal of the complaint for failure to state a claim each count as a strike for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir.1996); 28 U.S.C. § 1915(e)(2)(B)(i). Fletcher is warned 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).

¶3 IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION 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¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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