Newton v. Newton ( 2001 )


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  •                 IN THE UNITED STATES COURT OF APPEALS
                            FOR THE FIFTH CIRCUIT
    
    
    
                                 No. 00-51280
                             Conference Calendar
    
    
    SAMUEL G. NEWTON, III,
    
                                              Plaintiff-Appellant,
    versus
    
    
    SONIA BLACK NEWTON; FRANK GONZALES; JEFFREY DAVIDSON;
    JAMES PETERSON; RON CARR; BYRON LEFLORE, JR.,
    
                                              Defendants-Appellees.
    
                           - - - - - - - - - -
              Appeal from the United States District Court
                    for the Western District of Texas
                          USDC No. SA-00-CV-469
                           - - - - - - - - - -
                              June 14, 2001
    
    Before WIENER, DeMOSS and DENNIS, Circuit Judges.
    
    PER CURIAM:*
    
         Samuel G. Newton, III, Texas prisoner #477341, appeals from
    
    the dismissal of his 42 U.S.C. § 1983 complaint pursuant to 28
    
    U.S.C. § 1915A.   Although couched in terms of civil rights
    
    violations,    Newton’s action is an attempt to attack collaterally
    
    the validity of an adverse state-court judgment.    Federal courts
    
    lack jurisdiction to engage in appellate review of state-court
    
    determinations.    District of Columbia Court of Appeals v.
    
    Feldman, 
    460 U.S. 462
    , 476, 482 (1983); Rooker v. Fidelity Trust
    
    
    
         *
            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    that this opinion should not be published and is not precedent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. 00-51280
                                   - 2 -
    
    Co., 
    263 U.S. 413
    , 415 (1923); Davis v. Bayless, 
    70 F.3d 367
    , 375
    
    (5th Cir. 1995).
    
         Newton’s appeal is without merit and therefore frivolous.
    
    See Howard v. King, 
    707 F.2d 215
    , 219-20 (5th Cir. 1983).
    
    Because the appeal is frivolous, it is DISMISSED.    See 5TH CIR. R.
    
    42.2.   The district court’s dismissal of the present case and
    
    this court’s dismissal of Newton’s appeal count as two strikes
    
    against him for purposes of 28 U.S.C. § 1915(g).    We caution
    
    Newton that once he accumulates three strikes, 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).
    
         APPEAL DISMISSED; SANCTION WARNING ISSUED.