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78 F. App'x 375

Smith v. Bowie County, TX

U.S. Courts of Appeals

Decided October 20, 2003

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U.S. Courts of Appeals · decided 2003-10-20

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 · In Re: Billy D Jacobs

Decided 2003-10-20

PER CURIAM. *

¶1 Proceeding pro se and informa pauper-is, Warren G. Smith, Jr., Texas prisoner # 490679, filed an interlocutory appeal from the denial of his motion for injunctive relief in his 42 U.S.C. § 1983 suit. Smith has failed to brief any relevant issue and therefore his appeal is DISMISSED AS FRIVOLOUS. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.1983); 5th Cir. R. 42.2.

¶2 The dismissal of this appeal counts as a strike under 28 U.S.C. § 1915(g). Cf. In Re: Jacobs, 213 F.3d 289, 291 (5th Cir. 2000). Smith is warned that, if he accumulates two more strikes pursuant to 28 U.S.C. § 1915(g), he may not proceed in forma pauperis 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 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¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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