Filed: Jun. 16, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-40574 Conference Calendar TIMOTHY PAUL MARTIN, Plaintiff-Appellant, versus ORLANDO PEREZ, Senior Warden; W. BOOTH; R. GLOVER, Captain; K. DIXON, Captain; D. BLACKWELL; L. SMITH, Corrections Officer III; J. GUITERREZZ; S. PHIPPS; R. MENCHACA; JAMES COLLINS, Director; GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; WAYNE SCOTT, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DI
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-40574 Conference Calendar TIMOTHY PAUL MARTIN, Plaintiff-Appellant, versus ORLANDO PEREZ, Senior Warden; W. BOOTH; R. GLOVER, Captain; K. DIXON, Captain; D. BLACKWELL; L. SMITH, Corrections Officer III; J. GUITERREZZ; S. PHIPPS; R. MENCHACA; JAMES COLLINS, Director; GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; WAYNE SCOTT, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIV..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40574
Conference Calendar
TIMOTHY PAUL MARTIN,
Plaintiff-Appellant,
versus
ORLANDO PEREZ, Senior Warden;
W. BOOTH; R. GLOVER, Captain; K.
DIXON, Captain; D. BLACKWELL; L.
SMITH, Corrections Officer III; J.
GUITERREZZ; S. PHIPPS; R. MENCHACA;
JAMES COLLINS, Director; GARY L. JOHNSON,
DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION; WAYNE
SCOTT, DIRECTOR, TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, INSTITUTIONAL DIVISION;
BRIAN RODEEN, Major,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-97-CV-444
- - - - - - - - - -
June 15, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Timothy Paul Martin, Texas state prisoner #566302, appeals
from the district court’s order denying his motion for injunctive
relief. He argues that he has been retaliated against by the
*
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that this opinion should not be published and is not precedent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. 98-40574
-2-
defendants for filing grievances and will likely suffer an
irreparable injury. We have carefully reviewed the appellate
record and have found no reversible error. The district court
did not abuse its discretion by denying Martin’s motion for a
preliminary injunction. See Lakedreams v. Taylor,
932 F.2d 1103,
1106 (5th Cir. 1991). This appeal is frivolous and is therefore
DISMISSED. See 5TH CIR. R. 42.2.
The dismissal of this appeal as frivolous counts as a strike
for purposes of 28 U.S.C. § 1915(g). We caution Martin that once
he accumulates three strikes, he may not proceed IFP 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.