Lawrence Haberman v. USA

Filing

UNPUBLISHED OPINION FILED.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

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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