Filed: Jun. 22, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit FILED IN THE UNITED STATES COURT OF APPEALS June 22, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-10174 Conference Calendar CARL V. LONG, Plaintiff-Appellant, versus C. TONY WRIGHT, attorney at law; JOHN H. JACKSON, Judge, Defendants-Appellees. - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CV-2697-D - Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges. PER CURIAM:* Carl V. Long, T
Summary: United States Court of Appeals Fifth Circuit FILED IN THE UNITED STATES COURT OF APPEALS June 22, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-10174 Conference Calendar CARL V. LONG, Plaintiff-Appellant, versus C. TONY WRIGHT, attorney at law; JOHN H. JACKSON, Judge, Defendants-Appellees. - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CV-2697-D - Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges. PER CURIAM:* Carl V. Long, Te..
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United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS June 22, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-10174
Conference Calendar
CARL V. LONG,
Plaintiff-Appellant,
versus
C. TONY WRIGHT, attorney at law;
JOHN H. JACKSON, Judge,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CV-2697-D
--------------------
Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Carl V. Long, Texas prisoner #1001354, has filed a motion to
proceed in forma pauperis (IFP) on appeal from the district
court’s dismissal of his 42 U.S.C. § 1983 complaint as frivolous
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and § 1915A(b). By
moving for IFP, Long is challenging the district court’s
certification that IFP status should not be granted on appeal
*
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this opinion should not be published and is not precedent except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. 04-10174
-2-
because his appeal is not taken in good faith. See Baugh v.
Taylor,
117 F.3d 197, 202 (5th Cir. 1997).
Long does not address the district court’s reason for
dismissing his claims against C. Tony Wright, namely that Wright
is not a state actor. He also presents no nonfrivolous issue for
appeal with respect to his claim against Judge John Jackson.
“[L]itigants may not obtain review of state court actions by
filing complaints about those actions in lower federal courts
cast in the form of civil rights suits.” Hale v. Harney,
786
F.2d 688, 691 (5th Cir. 1986). Moreover, the relief Long sought
was in the nature of mandamus relief. Federal courts have no
power to direct state judicial officials in the performance of
their functions. See Moye v. Clerk, DeKalb County Superior
Court,
474 F.2d 1275, 1276 (5th Cir. 1973). Accordingly, we
uphold the district court’s certification that the appeal
presents no nonfrivolous issues. Long’s motion for IFP is
DENIED, and the appeal is DISMISSED. See
Baugh, 117 F.3d at 202
and n.24; 5TH CIR. R. 42.2.
Both the district court’s dismissal of Long’s complaint and
this court’s dismissal of this appeal count as “strikes” for
purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons,
103
F.3d 383, 385-87 (5th Cir. 1996). We caution Long 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
No. 04-10174
-3-
any facility unless he is under imminent danger of serious
physical injury. See 28 U.S.C. § 1915(g).
MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTIONS
WARNING ISSUED.