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242 F. App'x 199

Mack v. Barnett

U.S. Courts of Appeals

Decided September 7, 2007

U.S. Courts of Appeals · decided 2007-09-07

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

Relies on Bowles v. Russell

Decided 2007-09-07

PER CURIAM: *

¶1 Donald Edward Mack, Texas prisoner #391890, moves for in forma pauperis (IFP) status to appeal the district court’s dismissal of his 42 U.S.C. § 1983 complaint on the basis of the three-strikes bar in 28 U.S.C. § 1915(g). However, as there is no timely notice of appeal in this case, this court lacks jurisdiction to consider Mack’s § 1983 claims. See Bowles v. Russell, — U.S. -, 127 S.Ct. 2360, 2366, 168 L.Ed.2d 96 (2007). Accordingly, this case is DISMISSED with prejudice. Mack’s motions for IFP status and for appointment of counsel are DENIED.

*

¶2 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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