Filed: Jun. 16, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-51019 Conference Calendar SHEILA BESS, Plaintiff-Appellant, versus WAYNE A; MICHAEL WARREN, Director; AHMETS SATIR, DR.; PAMELA WILLIAM, Warden, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-97-CV-389 - - - - - - - - - - June 15, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Sheila Bess, Texas prisoner #609474,
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-51019 Conference Calendar SHEILA BESS, Plaintiff-Appellant, versus WAYNE A; MICHAEL WARREN, Director; AHMETS SATIR, DR.; PAMELA WILLIAM, Warden, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-97-CV-389 - - - - - - - - - - June 15, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Sheila Bess, Texas prisoner #609474, ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-51019
Conference Calendar
SHEILA BESS,
Plaintiff-Appellant,
versus
WAYNE A; MICHAEL WARREN, Director;
AHMETS SATIR, DR.; PAMELA WILLIAM,
Warden,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-97-CV-389
- - - - - - - - - -
June 15, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Sheila Bess, Texas prisoner #609474, seeks to proceed in
forma pauperis (IFP) in the appeal of the dismissal of her civil
rights complaint for failure to state a claim. By moving for
IFP, Bess is challenging the district court’s certification
decision that IFP status should not be granted on appeal because
her appeal is frivolous. See Baugh v. Taylor,
117 F.3d 197, 202
(5th Cir. 1997). Bess, however, fails to present any argument
*
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that this opinion should not be published and is not precedent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. 98-51019
-2-
addressing the certification decision. See Brinkmann v. Dallas
County Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir. 1987).
Because Bess fails to show that she will raise a
nonfrivolous issue on appeal, her motion to proceed IFP is
DENIED. See Howard v. King,
707 F.2d 215, 220 (5th Cir. 1983).
Because the appeal is frivolous, it is DISMISSED. 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 Bess that once
she accumulates three strikes, she may not proceed IFP in any
civil action or appeal filed while she is incarcerated or
detained in any facility unless she is under imminent danger of
serious physical injury. See 28 U.S.C. § 1915(g).
IFP DENIED; APPEAL DISMISSED; WARNING ISSUED.