Filed: Dec. 14, 2005
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 December 14, 2005 Charles R. Fulbruge III Clerk No. 05-60403 Conference Calendar SHAUNTELL MAURICE SUMMERALL, Plaintiff-Appellant, versus DR. LORENZO CABE, Doctor, Medical Personnel; DR. CHERIE PETTIT, Doctor, Medical Personnel; DR. “UNKNOWN” TOUCHSTONE, Doctor, Medical Personnel; GREGORY JOHNSON; JESSIE J. STREETER; JEFFERY HUNTER; ANTHONY STANDLEY; JEFFERY CARVER; MORRIS JOHNSON,
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 14, 2005 Charles R. Fulbruge III Clerk No. 05-60403 Conference Calendar SHAUNTELL MAURICE SUMMERALL, Plaintiff-Appellant, versus DR. LORENZO CABE, Doctor, Medical Personnel; DR. CHERIE PETTIT, Doctor, Medical Personnel; DR. “UNKNOWN” TOUCHSTONE, Doctor, Medical Personnel; GREGORY JOHNSON; JESSIE J. STREETER; JEFFERY HUNTER; ANTHONY STANDLEY; JEFFERY CARVER; MORRIS JOHNSON, D..
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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 December 14, 2005
Charles R. Fulbruge III
Clerk
No. 05-60403
Conference Calendar
SHAUNTELL MAURICE SUMMERALL,
Plaintiff-Appellant,
versus
DR. LORENZO CABE, Doctor, Medical Personnel; DR. CHERIE PETTIT,
Doctor, Medical Personnel; DR. “UNKNOWN” TOUCHSTONE, Doctor,
Medical Personnel; GREGORY JOHNSON; JESSIE J. STREETER; JEFFERY
HUNTER; ANTHONY STANDLEY; JEFFERY CARVER; MORRIS JOHNSON,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:04-CV-165
--------------------
Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges
PER CURIAM:*
Shauntell Maurice Summerall, Mississippi prisoner # R6322,
has filed an application to proceed in forma pauperis (IFP) on
appeal following the district court’s dismissal of his 42 U.S.C.
§ 1983 complaint for failure to state a claim for which relief
could be granted. Summerall is effectively challenging the
district court’s certification that he should not be granted IFP
*
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this opinion should not be published and is not precedent except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. 05-60403
-2-
status because his appeal is not taken in good faith. See Baugh
v. Taylor,
117 F.3d 197, 202 (5th Cir. 1997); 28 U.S.C.
§ 1915(a)(3); FED. R. APP. P. 24(a).
Summerall’s assertion that he did not receive the order
denying him IFP which contained the Baugh certification is not
supported by the record, which contains two signed
acknowledgments by Summerall that he received the district
court’s orders dated May 25, 2005, which included the IFP denial
and certification.
By failing to direct his motion solely to the district
court’s reasons for the certification decision, Summerall has
effectively abandoned the only issue that is properly before this
court. See
Baugh, 117 F.3d at 202; Yohey v. Collins,
985 F.2d
222, 224-25 (5th Cir. 1993). Accordingly, Summerall’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.
The dismissal of this appeal as frivolous and the district
court’s dismissal of the complaint for failure to state a claim
count as two strikes for purposes of 28 U.S.C. § 1915(g). See
Adepegba v. Hammons,
103 F.3d 383, 388 (5th Cir. 1996); 28 U.S.C.
§ 1915(e)(2)(B)(i). Summerall is cautioned that if he
accumulates three strikes, he will not be permitted 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).
No. 05-60403
-3-
IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING
ISSUED.