Hubert Arvie v. Robert Tanner, et al

Filing

UNPUBLISHED OPINION ORDER FILED. [12-31000 Dismissed ] Judge: CDK , Judge: EBC , Judge: SAH Mandate pull date is 05/03/2013; denying motion to proceed IFP in accordance with PLRA filed by Appellant Mr. Hubert Arvie [7241938-2] [12-31000]

Case: 12-31000

Document: 00512207187

Page: 1

Date Filed: 04/12/2013

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 12-31000
Summary Calendar

April 12, 2013
Lyle W. Cayce
Clerk

HUBERT ARVIE,
Plaintiff-Appellant
v.
ROBERT C. TANNER, Warden; KEITH BICKHAM, Deputy Warden; GERALD
LEBO, Assistant Warden; JERRY P. MILLER, Assistant Warden; LARRY
GROW, Administrative Colonel; BILLY ANDERSON, Administrative Colonel;
WADE RIGDON, Lieutenant Subordinate; CAROL JORDAN, Subordinate
Lieutenant; BESSIE CARTER, Director of Medical; CHARLES BOYD, Liaison
to Legal Programs; MICHAEL DICKERSON, Liaison to Legal Programs;
JAMES M. LEBLANC, Secretary, Louisiana Department of Corrections;
DENNIS LARAVIA, Doctor,
Defendants-Appellees

Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:12-CV-1638

Before KING, CLEMENT, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Hubert Arvie, Louisiana prisoner # 122010, has filed a motion to proceed
in forma pauperis (IFP) on appeal following the denial of his motion to proceed

*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Case: 12-31000

Document: 00512207187

Page: 2

Date Filed: 04/12/2013

No. 12-31000
IFP in his 42 U.S.C. § 1983 complaint in the district court. The district court
determined that Arvie was barred from proceeding IFP because he had
accumulated three strikes under 28 U.S.C. § 1915(g).1 Arvie does not dispute
that he has three strikes but argues that the § 1915(g) bar should not apply
because he is under imminent danger of serious physical injury. In support of
this contention, he states that his requests to see a cardiac specialist and for
“necessary life-sustaining treatment” for his hepatitis was denied and that if his
Hepatitis C is not properly treated, he will sustain irreversible liver damage.
Additionally, he asserts that he is forced to eat foods that cause him to
experience chest and kidney pains.
“[A] prisoner with three strikes is entitled to proceed with his action or
appeal only if he is in imminent danger at the time that he seeks to file his suit
in district court or seeks to proceed with his appeal or files a motion to proceed
IFP.” Banos v. O’Guin, 144 F.3d 883, 884 (5th Cir. 1998). Arvie’s contentions
indicate that he suffers from a variety of chronic medical conditions for which he
is receiving treatment. Although he apparently disagrees with the course of his
treatment, there is nothing to suggest that Arvie’s medical conditions place him
in imminent danger of serious physical injury. Accordingly, his motion for leave
to proceed IFP is DENIED and the appeal is DISMISSED.

1

See Arvie v. Lastrapes, No. 95-30967, 1997 WL 34211855 (5th Cir. June 15, 1997).

2