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224 F. App'x 448

Fairley v. Keys

U.S. Courts of Appeals

Decided April 17, 2007

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U.S. Courts of Appeals · decided 2007-04-17

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

Relies on Howard v. King · Adepegba v. Hammons · Baugh v. Taylor

Decided 2007-04-17

PER CURIAM: *

¶1 Roy Lee Fairley, Mississippi prisoner #22518, applies for leave to proceed in forma pauperis (IFP) to appeal the judgment for one defendant following a jury trial and judgment as a matter of law for the remaining defendants in Fairley’s 42 U.S.C. § 1983 action. The district court certified that Fairley’s appeal was not taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). Fairley also moves for appointment of counsel; his motion is denied.

¶2 Fairley lists possible issues for appeal, but he makes no effort to discuss the facts of his case or how any of the law he cites applies to those facts. He has failed to brief any issues for appeal. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.1987). His appeal is without arguable merit and is frivolous, see Howard v. King, 707 F.2d 215, 220 (5th Cir.1983), and we deny IFP and dismiss the appeal. See Baugh v. Taylor, 117 F.3d 197, 202 n. 24 (5th Cir.1997); 5th Cir. R. 42.2.

¶3 This court’s dismissal of Fairley’s appeal counts as a strike for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir.1996). Fairley previously had an action dismissed in the district court for failure to state a claim. See Fairley v. Keaton, No. 4:03-CV-00271-WAP (N.D.Miss. Mar. 26, 2004). Fairley is warned that if he accumulates three strikes, he will no longer be allowed to proceed IFP in any civil action or appeal filed while he is detained or incarcerated in any facility unless he is under imminent danger of serious physical injury. See § 1915(g).

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¶5 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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