Lawrence Haberman v. USA


UNPUBLISHED OPINION FILED. [14-10621 Affirmed] Judge: JES , Judge: JLW , Judge: JWE. Mandate pull date is 11/03/2014 [14-10621]

Download PDF
Case: 14-10621 Document: 00512763974 Page: 1 Date Filed: 09/10/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-10621 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 10, 2014 Lyle W. Cayce Clerk LAWRENCE ALAN HABERMAN, Plaintiff-Appellant v. UNITED STATES OF AMERICA Defendant-Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 4:14-CV-223 Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM:* The district court dismissed the complaint of Plaintiff-Appellant Lawrence Alan Haberman, a federal prisoner, pursuant to 28 U.S.C. §1915A(b), by order signed May 6, 2014, for reasons cogently explained in the court’s Memorandum Opinion and Order of even date. Our review of Haberman’s appellate brief, the record on appeal, and the district court’s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-10621 Document: 00512763974 Page: 2 Date Filed: 09/10/2014 No. 14-10621 opinion satisfies us that the court’s final judgment should be, and is hereby, affirmed in all respects. Furthermore, the district court’s dismissal of Haberman’s complaint constitutes a strike for purposes of 28 U.S.C. §1915(g). 1 Haberman is cautioned that if he accumulates three strikes under §1915(g), he will not be allowed to proceed in forma pauperis 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. 2 AFFIRMED. 1 2 See Adepegba v. Hammons, 103 Fed.3d 383, 387-88 (5th Cir. 1996). See §1915(g). 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?