SANDERS v. CHIPPI (2018)

Patrick Dewayne Sanders, Texas prisoner # 2549493, appeals the dismissal of his in forma pauperis (IFP) 42 U.S.C. § 1983 suit; the district court dismissed the suit as time barred and, therefore, frivolous. See 28 U.S.C. § 1915(e)(2)(b)(i); see Moore v. McDonald, 30 F.3d 616, 620 (5th Cir. 1994). However, Sanders does not acknowledge, much less address, the district court’s time-bar holding, and he has therefore abandoned any challenge to the dismissal of his suit as time barred. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993); Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).

The appeal is DISMISSED AS FRIVOLOUS. See 5th Cir. R. 42.2. The district court’s dismissal of Sanders’s complaint and our dismissal of this appeal each count as a strike for purposes of § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996). Sanders is WARNED that, if he accumulates three strikes, he will no longer be allowed 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.” § 1915(g).

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.