Lawrence Thompson v. Adrian Garcia ( 2015 )

Case: 14-20505 Document: 00512937389 Page: 1 Date Filed: 02/13/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 14-20505 February 13, 2015
Lyle W. Cayce
LAWRENCE EDWARD THOMPSON, Clerk
Plaintiff-Appellant
v.
ADRIAN GARCIA; UNNAMED OTHER EMPLOYEES OF HARRIS COUNTY
SHERIFF’S OFFICE; ARAMARK MAINTENANCE,
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:14-CV-1624
Before KING, JOLLY, and HAYNES, Circuit Judges.
PER CURIAM: *
Lawrence Edward Thompson, Texas prisoner # 155240, moves for leave
to proceed in forma pauperis (IFP) to appeal the district court’s dismissal
without prejudice of his 42 U.S.C. § 1983 complaint pursuant to the three-
strikes provision of 28 U.S.C. § 1915(g). Under § 1915(g), a prisoner may not
proceed IFP in a civil action or in an appeal of a judgment in a civil action if he
has, on three or more occasions during his incarceration, brought an action or
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 14-20505 Document: 00512937389 Page: 2 Date Filed: 02/13/2015
No. 14-20505
appeal that was dismissed as frivolous or for failure to state a claim, unless the
prisoner is under imminent danger of serious physical injury. Thompson has
failed to demonstrate that he was under imminent danger of serious physical
injury at the time that he sought to file his complaint in the district court,
proceed with his appeal, or move to proceed IFP. See § 1915(g); Banos v.
O’Guin, 144 F.3d 883, 884 (5th Cir. 1998). Thompson’s motion for leave to
proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See 5TH
CIR. R. 42.2; Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
2