Carlos McGrew v. Jonathan Roundtree, et al

Filing

Carlos McGrew v. Jonathan Roundtree, et al

Doc. 0

Case: 09-31206

Document: 00511178980

Page: 1

Date Filed: 07/20/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-31206 S u m m a r y Calendar July 20, 2010 Lyle W. Cayce Clerk

C A R L O S MCGREW, P la in t if f -A p p e lla n t v. D r . JONATHAN ROUNDTREE; MIKE THOMAS, Emergency Medical T e c h n ic ia n ; ANTHONY MCCOY, also known as Unknown McCoy, Emergency M e d ic a l Technician; ARIEL BOEKER, also known as Unknown Boeker, E m e r g e n c y Medical Technician; HUEY PIDGEON; MARK ALLEN; JOSEPH R U S S E L L ; GREG EIRICK, D e fe n d a n t s -A p p e lle e s

A p p e a l from the United States District Court fo r the Middle District of Louisiana U S D C No. 3:09-CV-859

B e fo r e DAVIS, SMITH, and SOUTHWICK, Circuit Judges. P E R CURIAM:* C a r lo s A. McGrew, Louisiana state prisoner # 413135, proceeding pro se, m o v e s for leave to proceed in forma pauperis (IFP) in an appeal of the district c o u r t's interlocutory orders denying his motion for a temporary restraining order a n d preliminary injunction. McGrew's IFP motion is a challenge to the district

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

Dockets.Justia.com

Case: 09-31206

Document: 00511178980 Page: 2 No. 09-31206

Date Filed: 07/20/2010

c o u r t's certification that his appeal is not taken in good faith. See Baugh v. T a y lo r , 117 F.3d 197, 202 (5th Cir. 1997). This court lacks jurisdiction over the denial of McGrew's request for a t e m p o r a r y restraining order. See Faulder v. Johnson, 178 F.3d 741, 742 (5th C ir . 1999). McGrew has identified no "extraordinary circumstances" warranting a reversal of the district court's denial of his motion for a preliminary injunction. See White v. Carlucci, 862 F.2d 1209, 1211 (5th Cir. 1989). McGrew has not shown that he will present a nonfrivolous issue on appeal. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Accordingly, his motion fo r 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 dismissal of this appeal counts as one strike under 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). McGrew is CAUTIONED that if he accumulates three strikes under § 1915(g), h e will not be able to proceed IFP in any civil action or appeal filed while he is in c a r c e r a t e d or detained in any facility unless he is under imminent danger of s e r io u s physical injury. See § 1915(g). IFP MOTION DENIED; APPEAL DISMISSED; SANCTION WARNING IS S U E D .

2