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292 F. App'x 379

Johnson v. Scheibe

U.S. Courts of Appeals

Decided September 15, 2008

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U.S. Courts of Appeals · decided 2008-09-15

Applies 28 U.S.C. § 1915

Relies on Burton v. City of Ridgeland Mississippi

Decided 2008-09-15

PER CURIAM: *

¶1 Christopher Johnson, prisoner # 842458 at the Monroe, Washington, Correctional Center, has been barred from proceeding in forma pauperis (IFP) under 28 U.S.C. § 1915(g) because, on at least three prior occasions while incarcerated, he has brought an action or appeal in a court of the United States that was dismissed as frivolous or for failure to state a claim upon which relief could be granted. See Johnson v. Rogers, 209 Fed.Appx. 424 (5th Cir.2006). This appeal was therefore improvidently docketed as if Johnson were proceeding IFP on appeal.

¶2 Accordingly, Johnson’s IFP status is de-certified, and the appeal is dismissed. Johnson has 15 days from the date of this opinion to pay the full appellate filing fee to the clerk of the district court, should he wish to reinstate his appeal.

¶3 IFP DECERTIFIED; APPEAL DISMISSED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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