WASHINGTON v. HARRISON CO II (2018)

Jessie Lee Washington, Texas prisoner # 901757, proceeding pro se, appeals the dismissal of his 42 U.S.C. § 1983 action as barred under 28 U.S.C. § 1915(g). Additionally, he moves for the appointment of counsel.

Washington does not challenge the district court’s determination that, on at least three prior occasions while incarcerated, he has brought a civil action or appeal in a United States court that was dismissed as frivolous or for failure to state a claim. Accordingly, to overcome the § 1915(g) bar, he must fall within the “imminent danger” exception.

Washington has not established, nor does the record reflect, that he was under imminent danger of serious physical injury when he filed his notices of appeal or sought leave to proceed in forma pauperis (IFP) on appeal. See Baños v. O’Guin, 144 F.3d 883, 884-85 (5th Cir. 1998). Accordingly, his IFP status is decertified, the appeal is dismissed, and the motion for the appointment of counsel is denied. Washington has 30 days from the date of this opinion to pay the full appellate filing fee should he wish to reinstate his appeal.

IFP DECERTIFIED; § 1915(g) BAR IMPOSED; APPEAL DISMISSED; MOTION DENIED.

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.