Filed: Dec. 16, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-21075 Conference Calendar MERIA JAMES BRADLEY, Plaintiff-Appellant, versus CLARENCE O’NEAL BRADFORD; JOHN B. HOLMES; FRANK F. GASHIEN; REO HARRIS, JR., Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-2242 - - - - - - - - - - December 16, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges. PER CURIAM:* Meria James Bradley, Texas
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-21075 Conference Calendar MERIA JAMES BRADLEY, Plaintiff-Appellant, versus CLARENCE O’NEAL BRADFORD; JOHN B. HOLMES; FRANK F. GASHIEN; REO HARRIS, JR., Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-2242 - - - - - - - - - - December 16, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges. PER CURIAM:* Meria James Bradley, Texas p..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-21075
Conference Calendar
MERIA JAMES BRADLEY,
Plaintiff-Appellant,
versus
CLARENCE O’NEAL BRADFORD; JOHN
B. HOLMES; FRANK F. GASHIEN;
REO HARRIS, JR.,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CV-2242
- - - - - - - - - -
December 16, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Meria James Bradley, Texas prisoner # 698112, appeals the
dismissal of his 42 U.S.C. § 1983 complaint as frivolous. See 28
U.S.C. § 1915(e)(2)(B)(i). Bradley has failed to meet the
requirements of Heck v. Humphrey,
512 U.S. 477, 486-87 (1994),
and thus his complaint is barred. Accordingly, Bradley’s appeal
is DISMISSED as frivolous. See 5th Cir. R. 42.2.
*
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that this opinion should not be published and is not precedent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. 98-21075
-2-
The district court’s dismissal counts as a strike against
Bradley. See Adepegba v. Hammons,
103 F.3d 383, 387 (5th Cir.
1996). This court’s dismissal of the appeal as frivolous counts
as another strike.
Id. Should Bradley accumulate 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 in imminent danger of serious physical injury. See
28 U.S.C. § 1915(g). Bradley is cautioned to review any pending
appeals to ensure that they do not raise frivolous issues.
APPEAL DISMISSED AS FRIVOLOUS; SANCTIONS WARNING ISSUED.