Filed: Jun. 14, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-60012 Conference Calendar PAUL LEE TRIGGS, Plaintiff-Appellant, versus C.C.A. CORPORATION; JODY BRADLEY; STEPHEN SPLATT; UNKNOWN CRANTS, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:00-CV-252-BrS - - - - - - - - - - June 14, 2001 Before WIENER, DeMOSS and DENNIS, Circuit Judges. PER CURIAM:* Paul Lee Triggs, Mississippi prisoner #40312,
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-60012 Conference Calendar PAUL LEE TRIGGS, Plaintiff-Appellant, versus C.C.A. CORPORATION; JODY BRADLEY; STEPHEN SPLATT; UNKNOWN CRANTS, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:00-CV-252-BrS - - - - - - - - - - June 14, 2001 Before WIENER, DeMOSS and DENNIS, Circuit Judges. PER CURIAM:* Paul Lee Triggs, Mississippi prisoner #40312, a..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-60012
Conference Calendar
PAUL LEE TRIGGS,
Plaintiff-Appellant,
versus
C.C.A. CORPORATION; JODY BRADLEY; STEPHEN SPLATT;
UNKNOWN CRANTS,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:00-CV-252-BrS
- - - - - - - - - -
June 14, 2001
Before WIENER, DeMOSS and DENNIS, Circuit Judges.
PER CURIAM:*
Paul Lee Triggs, Mississippi prisoner #40312, appeals from
the district court’s dismissal of his 42 U.S.C. § 1983 civil
rights complaint as frivolous. Triggs alleged that the
defendants intentionally destroyed his personal property without
his permission, thereby violating his due process rights. The
district court did not abuse its discretion in concluding that
Triggs’s claim for the deprivation of his personal property was
frivolous. See Hudson v. Palmer,
468 U.S. 517, 533 (1984).
*
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that this opinion should not be published and is not precedent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. 01-60012
-2-
Mississippi has an adequate postdeprivation remedy for
confiscation of prisoner property. See Nickens v. Melton,
38
F.3d 183, 185 (5th Cir. 1994).
Triggs’s appeal is without arguable merit and is frivolous.
See Howard v. King,
707 F.2d 215, 219-20 (5th Cir. 1983).
Because the appeal is frivolous, it is DISMISSED. See 5TH CIR. R.
42.2.
The dismissal of this appeal and the dismissal as frivolous
by the district court each count as a “strike” for purposes of 28
U.S.C. § 1915(g). See Adepegba v. Hammons,
103 F.3d 383, 387-88
(5th Cir. 1996). Triggs therefore has two “strikes” under
28 U.S.C. § 1915(g). We caution Triggs that once he accumulates
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 under imminent danger of serious
physical injury. See 28 U.S.C. § 1915(g).
APPEAL DISMISSED; SANCTIONS WARNING ISSUED.