Scott v. Texas Department of Criminal Justice, Clements Unit Amarillo Texas , 70 F. App'x 235 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS July 28, 2003
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 03-10189
Summary Calendar
MICHAEL WAYNE SCOTT,
Plaintiff-Appellant,
versus
TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Clements Unit
Amarillo Texas; JOSEPH K. PRICE, Warden Clements Unit;
HERMAN WESTON, JR., Assistant Warden Clements Unit;
FRANK D. POHLMEIER, Major Clements Unit,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:02-CV-281
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Michael Wayne Scott, Texas prisoner # 683064, seeks to
appeal in forma pauperis (IFP) the dismissal of his civil rights
complaint under the “three strikes” provision of 28 U.S.C.
§ 1915(g). Scott does not challenge the district court’s
determination that, on at least three prior occasions while
incarcerated, he has brought an action or appeal in a United
*
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that this opinion should not be published and is not precedent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.
No. 03-10189
-2-
States court that has been dismissed as frivolous and/or for
failure to state a claim. Instead, he argues that he falls
within the “imminent danger” exception of 28 U.S.C. § 1915(g).
A review of the record and Scott’s appellate brief reveals
that he has failed to establish that he was “under imminent
danger of serious physical injury” at the time that he filed his
notice of appeal IFP. See 28 U.S.C. § 1915(g); Baños v. O’Guin,
144 F.3d 883, 885 (5th Cir. 1998). Accordingly, his IFP status
is decertified, all outstanding motions are denied, and his
appeal is dismissed. See id. Should Scott wish to reinstate his
appeal, he has 30 days from the date of this opinion to pay the
full appellate filing fee to the clerk of the district court.
See id.IFP DECERTIFIED. ALL OUTSTANDING MOTIONS DENIED. APPEAL
DISMISSED.