Johnson v. Rogers

Filing 920061212

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 12, 2006 Charles R. Fulbruge III Clerk No. 06-40038 Conference Calendar CHRISTOPHER JOHNSON, Plaintiff-Appellant, versus ANN ROGERS, Defendant-Appellee. -------------------Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:05-CV-397 -------------------Before KING, WIENER, and OWEN, Circuit Judges. PER CURIAM:* Christopher Johnson, prisoner # 842458 at the Monroe, Washington, Correctional Center, has been barred from proceeding in forma pauperis (IFP) under 28 U.S.C. § 1915(g) because, on at least three prior occasions while incarcerated, he has brought an action or appeal in a court of the United States that was dismissed as frivolous or for failure to state a claim upon which relief could be granted. See Johnson v. Albert, No. C05-1762TSZThis appeal

MJB, 1-2 (W.D. Wash. Nov. 5, 2005) (unpublished).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-40038 -2was therefore improvidently docketed as if Johnson were proceeding IFP on appeal. Accordingly, Johnson's IFP status is decertified, and the appeal is dismissed. Johnson has 15 days from the date of this

opinion to pay the full appellate filing fee to the clerk of the district court, should he wish to reinstate his appeal. IFP DECERTIFIED; APPEAL DISMISSED.