Filed: Jun. 16, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-50972 Conference Calendar DANIEL JOHN SHEEHAN, Plaintiff-Appellant, versus MELINDA HOYLE BOZARTH, Director, Texas Department of Criminal Justice, Pardons & Paroles Division; HUGH CAMPBELL; T. HITCHCOCK, Employee, Texas Parole Division; VICTOR RODRIGUEZ, Chairman; MS. JENKINS; COMMISSIONER OF PAROLE; P. DITTFURTH, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Tex
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-50972 Conference Calendar DANIEL JOHN SHEEHAN, Plaintiff-Appellant, versus MELINDA HOYLE BOZARTH, Director, Texas Department of Criminal Justice, Pardons & Paroles Division; HUGH CAMPBELL; T. HITCHCOCK, Employee, Texas Parole Division; VICTOR RODRIGUEZ, Chairman; MS. JENKINS; COMMISSIONER OF PAROLE; P. DITTFURTH, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texa..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50972
Conference Calendar
DANIEL JOHN SHEEHAN,
Plaintiff-Appellant,
versus
MELINDA HOYLE BOZARTH, Director,
Texas Department of Criminal Justice,
Pardons & Paroles Division; HUGH CAMPBELL;
T. HITCHCOCK, Employee, Texas Parole Division;
VICTOR RODRIGUEZ, Chairman; MS. JENKINS;
COMMISSIONER OF PAROLE; P. DITTFURTH,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-97-CV-199-SS
- - - - - - - - - -
June 16, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Daniel Sheehan (TDCJ # 426771) is BARRED from proceeding in
forma pauperis (IFP) under the Prison Litigation Reform Act
(PLRA), 28 U.S.C. § 1915(g), because, on at least three prior
occasions while incarcerated, Sheehan has brought an action or
appeal in a court of the United States that was dismissed as
*
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that this opinion should not be published and is not precedent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. 98-50972
-2-
frivolous or for failure to state a claim upon which relief could
be granted. See Sheehan v. Lynaugh, No. 2-92-CV-176 (W.D. Tex.
Aug. 6, 1992); Sheehan v. County of Gregg, No. C-97-255 (S.D.
Tex. Dec. 15, 1997); Sheehan v. Soliz, No. 2-91-CV-329 (S.D. Tex.
Aug. 12, 1991). One Texas district court already has dismissed a
civil rights complaint filed by Sheehan pursuant to the three-
strikes rule. See Sheehan v. Scott, No. H-97-1927 (S.D. Tex.
Dec. 10, 1998).
Accordingly, Sheehan’s IFP status is DECERTIFIED, and he may
not proceed IFP in any civil action or appeal filed while he is
in prison unless he is under imminent danger of serious physical
injury. See § 1915(g). The appeal is DISMISSED.
Sheehan has 15 days from the date of this opinion to pay the
full appellate filing fee of $105 to the clerk of the district
court, should he wish to reinstate his appeal.
IFP DECERTIFIED; APPEAL DISMISSED.