Filed: Feb. 17, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10879 Conference Calendar LUTHER BIRL SNEED, JR., Plaintiff-Appellant, versus NFN HULVEY, Captain; NFN DENTON, Library Attendant; NFN TARRANT COUNTY OFFICIALS, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:98-CV-1076 - - - - - - - - - - February 16, 2000 Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Luther Birl Sne
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10879 Conference Calendar LUTHER BIRL SNEED, JR., Plaintiff-Appellant, versus NFN HULVEY, Captain; NFN DENTON, Library Attendant; NFN TARRANT COUNTY OFFICIALS, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:98-CV-1076 - - - - - - - - - - February 16, 2000 Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Luther Birl Snee..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10879
Conference Calendar
LUTHER BIRL SNEED, JR.,
Plaintiff-Appellant,
versus
NFN HULVEY, Captain; NFN DENTON,
Library Attendant; NFN TARRANT COUNTY OFFICIALS,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:98-CV-1076
- - - - - - - - - -
February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Luther Birl Sneed, Jr., Texas prisoner # 699758, has filed a
motion for leave to proceed in forma pauperis (IFP) on appeal,
following the dismissal of his complaint pursuant to 28 U.S.C.
§ 1915A(b)(1). By moving for IFP status, Sneed is challenging
the district court’s certification that IFP status should not be
granted on appeal because his appeal is not taken in good faith.
See Baugh v. Taylor,
117 F.3d 197, 202 (5th Cir. 1997).
*
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that this opinion should not be published and is not precedent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. 99-10879
- 2 -
Sneed’s brief does not provide any argument that the
district court erred in dismissing his complaint under
§ 1915A(b)(1) on the ground that it was frivolous, malicious, or
failed to state a claim. He states only that he “was not allowed
to confront the defendants” and that the case was being dismissed
because he was indigent and a pauper. Even a pro se appellant
must brief an issue to preserve it for appellate review. Yohey
v. Collins,
985 F.2d 222, 225 (5th Cir. 1993). Accordingly, we
uphold the district court’s order certifying that the appeal was
not taken in good faith. Sneed’s request for IFP status is
DENIED, and his appeal is DISMISSED as frivolous. See
Baugh, 117
F.3d at 202 & n.24; 5TH CIR. R. 42.2.
Sneed’s motions for excusable neglect and to remove
sanctions are inapplicable to this appeal. We have reviewed the
record, and it confirms that the district court did not impose
sanctions in the instant case. These motions are DENIED.
The district court’s dismissal of Sneed’s § 1983 action
under § 1915A(b)(1) counts as a “strike” for purposes of 28
U.S.C. § 1915(g), and the dismissal of this appeal as frivolous
also counts as a “strike” for purposes of § 1915(g). See
Adepegba v. Hammons,
103 F.3d 383, 385-87 (5th Cir. 1996). Sneed
is warned that if he accumulates a third “strike” pursuant to
§ 1915(g), he may not proceed IFP in any civil action or appeal
filed while he is incarcerated or detained in any facility unless
he is under imminent danger of serious physical injury. See
§ 1915(g).
MOTIONS DENIED; APPEAL DISMISSED; SANCTIONS WARNING ISSUED.