Filed: Oct. 20, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 21, 2003 Charles R. Fulbruge III Clerk No. 03-50569 Conference Calendar RALPH LOUIS PLATT, Plaintiff-Appellant, versus KELLY KOTZAR; STEVE CLOVER; OSCAR MENDOZA, Defendants-Appellees. - Appeal from the United States District Court for the Western District of Texas USDC No. SA-03-CV-229 - Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges. PER CURIAM:* Ralph Loui
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 21, 2003 Charles R. Fulbruge III Clerk No. 03-50569 Conference Calendar RALPH LOUIS PLATT, Plaintiff-Appellant, versus KELLY KOTZAR; STEVE CLOVER; OSCAR MENDOZA, Defendants-Appellees. - Appeal from the United States District Court for the Western District of Texas USDC No. SA-03-CV-229 - Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges. PER CURIAM:* Ralph Louis..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2003
Charles R. Fulbruge III
Clerk
No. 03-50569
Conference Calendar
RALPH LOUIS PLATT,
Plaintiff-Appellant,
versus
KELLY KOTZAR; STEVE CLOVER; OSCAR MENDOZA,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-03-CV-229
--------------------
Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Ralph Louis Platt, Texas prisoner # 676188, seeks leave to
appeal in forma pauperis (“IFP”) the dismissal as frivolous and
for failure to exhaust his 42 U.S.C. § 1983 civil rights lawsuit.
By moving for IFP, Platt 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that this opinion should not be published and is not precedent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. 03-50569
-2-
Platt argues that he is entitled to proceed IFP because he
is a pauper and because there is no evidence of bad faith on his
part. He does not otherwise challenge the district court’s
certification; he likewise fails to challenge the reasons given
for the district court’s dismissal. Platt does not specifically
renew the claims he raised in the district court, other than to
assert conclusionally that his civil rights have been violated.
Platt has thus abandoned the only grounds for appeal. See
Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir. 1993).
Consequently, the appeal is wholly without arguable merit and is
DISMISSED as frivolous. See Howard v. King,
707 F.2d 215, 219-20
(5th Cir. 1983); 5TH CIR. R. 42.2; see also
Baugh, 117 F.3d at 202
n.24. The IFP motion is DENIED. The motion for the appointment
of counsel is also DENIED.
Both the district court’s dismissal of Platt’s complaint and
this court’s dismissal of the instant appeal count as “strikes”
for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons,
103 F.3d 383, 385-87 (5th Cir. 1996). Platt is CAUTIONED that if
he accumulates a third strike under 28 U.S.C. § 1915(g), he will
not be able to 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 28 U.S.C.
§ 1915(g).
APPEAL DISMISSED; MOTIONS DENIED; THREE-STRIKES WARNING
ISSUED.