Filed: Jun. 21, 2006
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 June 21, 2006 Charles R. Fulbruge III Clerk No. 05-30977 Conference Calendar TOMMY L. BORDELON, Plaintiff-Appellant, versus SAMUEL G. COUVILLON; ROSE L. BATISTE; HELEN D. DUCEY, Defendants-Appellees. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:04-CV-1888 - Before STEWART, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* Tommy L. Bord
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 21, 2006 Charles R. Fulbruge III Clerk No. 05-30977 Conference Calendar TOMMY L. BORDELON, Plaintiff-Appellant, versus SAMUEL G. COUVILLON; ROSE L. BATISTE; HELEN D. DUCEY, Defendants-Appellees. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:04-CV-1888 - Before STEWART, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* Tommy L. Borde..
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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 June 21, 2006
Charles R. Fulbruge III
Clerk
No. 05-30977
Conference Calendar
TOMMY L. BORDELON,
Plaintiff-Appellant,
versus
SAMUEL G. COUVILLON; ROSE L. BATISTE; HELEN D. DUCEY,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:04-CV-1888
--------------------
Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Tommy L. Bordelon, Louisiana prisoner # 339150, has filed a
motion to proceed in forma pauperis (IFP) on appeal, effectively
challenging the district court’s certification that his appeal is
not taken in good faith. See Baugh v. Taylor,
117 F.3d 197, 199-
202 (5th Cir. 1997); 28 U.S.C. § 1915(a). The district court
dismissed Bordelon’s 42 U.S.C. § 1983 civil rights complaint as
frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
Bordelon sued the Clerk of Court and Deputy Clerk of
Avoyelles Parish, La., and the court reporter who prepared the
*
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this opinion should not be published and is not precedent except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. 05-30977
-2-
transcript of his criminal trial, asserting that they were
responsible for falsifying and altering testimony in the
transcript. Bordelon now only “respectfully disagrees” with the
district court’s dismissal of his complaint as frivolous, but he
fails to direct his IFP “motion . . . solely to the trial court’s
reasons for the certification decision.” See
Baugh, 117 F.3d at
202. Bordelon has effectively abandoned any challenge to the
district court’s disposition of his complaint. See Brinkmann v.
Dallas County Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir.
1987); Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir. 1993).
It is ordered that leave to proceed IFP is denied and the
appeal is dismissed as frivolous. See
Baugh, 117 F.3d at 202 &
n.24; 5TH CIR. R. 42.2. The district court’s judgment dismissing
the complaint pursuant to § 1915(e)(2)(B)(i) and this court’s
dismissal both count as strikes for purposes of 28 U.S.C.
§ 1915(g). See Adepegba v. Hammons,
103 F.3d 383, 388 (5th Cir.
1996). Bordelon has at least one prior strike. See Bordelon v.
Jeansonne, No. 03-1198-A (W.D. La. Oct. 23, 2003) (unpublished).
Accordingly, Bordelon is now barred under § 1915(g) from bringing
a civil action or an appeal from a judgment in a civil action or
proceeding under § 1915 unless he is under imminent danger of
serious physical injury.
IFP MOTION DENIED; APPEAL DISMISSED; SANCTION IMPOSED.