Filed: Aug. 30, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-31101 Conference Calendar JUVENTINO MUNOZ, Plaintiff-Appellant, versus LORETTA WHYTE, Clerk, U.S. District Court, Eastern District of Louisiana; CHARLES R. FULBRUGE, III, Clerk, U.S. Court of Appeals, Fifth Circuit, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 96-CV-2309-K - - - - - - - - - - August 27, 1999 Before KING, Chief Judge, and JOLL
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-31101 Conference Calendar JUVENTINO MUNOZ, Plaintiff-Appellant, versus LORETTA WHYTE, Clerk, U.S. District Court, Eastern District of Louisiana; CHARLES R. FULBRUGE, III, Clerk, U.S. Court of Appeals, Fifth Circuit, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 96-CV-2309-K - - - - - - - - - - August 27, 1999 Before KING, Chief Judge, and JOLLY..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-31101
Conference Calendar
JUVENTINO MUNOZ,
Plaintiff-Appellant,
versus
LORETTA WHYTE, Clerk, U.S. District Court, Eastern District of
Louisiana; CHARLES R. FULBRUGE, III, Clerk, U.S. Court of
Appeals, Fifth Circuit,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 96-CV-2309-K
- - - - - - - - - -
August 27, 1999
Before KING, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Juventino Munoz (Louisiana prisoner # 352797) has filed a
motion for permission to appeal, in forma pauperis (IFP), the
district court’s order dismissing as frivolous his complaint
alleging violations of the Racketeer Influenced and Corrupt
Organizations Act (RICO), 18 U.S.C. § 1962.
*
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that this opinion should not be published and is not precedent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. 98-31101
-2-
Munoz is BARRED by 28 U.S.C. § 1915(g) from proceeding IFP
because, on at least three prior occasions while incarcerated, he
has brought an action or appeal in a United States Court that was
dismissed for frivolousness, for maliciousness, or for failure to
state a claim for which relief could be granted and because he
has not established that he is under imminent danger of serious
physical injury. See Adepegba v. Hammons,
103 F.3d 383, 387 (5th
Cir. 1996); Munoz v. Jambon, 94-CV-4192-J (E.D. La.; Feb. 10,
1995), aff’d, No. 95-31304 (5th Cir.; Aug. 21, 1996); Munoz v.
Simone, CA-95-2559-L (E.D. La.; Oct. 30, 1995), aff’d, No. 95-
31143 (5th Cir.; Aug. 20, 1996); Munoz v. Garrison, 95-CV-1691
(M.D. La.; Jan. 28, 1997).
Accordingly, Munoz’s motion for IFP is DENIED and his appeal
is DISMISSED. Should he wish to reinstate his appeal, Munoz 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.
IFP DENIED. APPEAL DISMISSED.